Amarjeet Kumar Rai @ Amarjeet Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35016 of 2024 Arising Out of PS. Case No.-79 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== Amarjeet Kumar Rai @ Amarjeet Rai Son of Ramesh Rai @ Ramesh Kumar Yadav Resident of Village- Bhanpur Barewa, P.S- Goraul, Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shanti Bhushan Singh For the Opposite Party/s :
Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in judicial custody in connection with Tajpur P.S. Case No. 79 of 2022 registered under Section 392 of the Indian Penal Code lodged on ACJM 1" Samastipur by the informant.
3. As per the prosecution story, the informant is a Field staff of Bharat Financial Inclusive Ltd. at Tajpur Branch and after collecting the amount while he was returning, the accused persons on motorcycle took his bag and escaped. It contained Rs. 61, 223/- as also gadgets. Accordingly, the FIR.
4. It is the case of the petitioner that his name has come in his own confession which has no evidentiary value and only because he has criminal antecedent, he has suffered by
Patna High Court CR. MISC. No.35016 of 2024(2) dt.28-06-2024 2/3 being in custody since 22.09.2022 (as stated in paragraph-15 of the petition) and if granted bail, he will be diligently appearing in the trial on each and ever date.
5. Learned APP for the State opposes the prayer for bail stating that he has criminal antecedent.
6. Taking into account the aforesaid facts as that he remained in custody since 22.09.2022, this Court is inclined to grant him privilege of bail.
7. Let the petitioner be released on bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM, 1st Samastipur in connection with Tajpur P.S. Case No. 79 of 2022, subject to the following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide, (ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance,
Patna High Court CR. MISC. No.35016 of 2024(2) dt.28-06-2024 3/3 (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/- U T