Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34805 of 2024 Arising Out of PS. Case No.-159 Year-2016 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Amit Kumar Son of Subodh Singh @ Subodh Kumar Resident of MohallaBhikhanpura Pragya Nagar, P.S- Sadar , Dist- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-05-2024 Heard Ms. Vaishnavi Singh, learned Advocate for the petitioner and the learned APP for the State.

2. The petitioner seeks bail in connection with Sadar P.S. Case No. 159 of 2016 dated 17.03.2016 instituted for the offence under Section 395 of the Indian Penal Code.

3. A truck loaded with rice was taken away on gun point by the miscreants who were riding a Bolero vehicle and the driver of the vehicle/informant was tied to a tree. The name of the petitioner has transpired in the statement of one Birendra Kumar Rai, who was

Patna High Court CR. MISC. No.34805 of 2024(2) dt.10-05-2024 2/3 arrested by the police on suspicion. The petitioner has not yet been put on TIP nor anything was recovered from his possession.

4. The petitioner is in custody since 08.03.2024.

5. One Dharmendra Ram @ Dharmendra Rai with similar accusation against him has been granted bail by this Court vide order dated 05.01.2018 passed in Cr. Misc. No. 43642 of 2017.

6. The petitioner claims that he is a poor labourer, who had gone to Gujarat in search of livelihood and therefore he could not surrender before the court below on time. He had no idea that he has been made accused in this case on the confession of one Birendra Kumar Rai.

7. Six cases are reported against him, the details of which have been provided in paragraph-3 of the petition. In all such cases the petitioner is on bail.

8. It has further been submitted by the learned

Patna High Court CR. MISC. No.34805 of 2024(2) dt.10-05-2024 3/3 counsel for the petitioner that after 2016, no case has been lodged against him.

9. Considering the aforenoted facts, the petitioner is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Sadar P.S. Case No. 159 of 2016.

(Ashutosh Kumar, J) krishna/- U T