Aman Kumar @ Potan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33044 of 2022 Arising Out of PS. Case No.-311 Year-2021 Thana- BUDDHACOLONY District- Patna ====================================================== AMAN KUMAR @ POTAN Son of Sanjay Kumar Gupta Resident of Village - Railway Hunder Road (Kashinath Lane), Lohanipur, P.s.- Kadamkuan, Distt.- Patna.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Kameshwar Singh, Advocate For the Opposite Party/s :

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The case is registered under Sections 356/379 IPC, then after charge sheet submitted under Section 392/411 IPC in connection with Budha Colony P.S. Case No.311 of 2021. As per the prosecution story, the lady Girja Prasad aged 60 years old alleged in the FIR that on 5:15 A.M. while she was on morning walk at Boaring Road, the motorcycle borne accused persons snatched her golden chain of 12 grams and fled away.

Learned counsel for the petitioner submits that his

Patna High Court CR. MISC. No.33044 of 2022(2) dt.08-09-2022 2/3 name has cropped up in the confessional statement and nothing has been recovered/seized from his possession and no T.I. Parade has been done.

Considering the fact that the petitioner has criminal antecedent of the same nature relating to Budha Colony, Gandhi Maidan and he is in custody since 2.9.2021 (as stated in para-14 of the bail application), this Court is inclined to grant him the privilege of bail after framing of charges.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of A.C.J.M.-II, Patna, in connection with Budha Colony P.S. Case No.311 of 2021 subject to the following conditions:

(i) one of the bailors should be the family members 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 reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall appear before the concerned police station every fortnight for next six months to mark his

Patna High Court CR. MISC. No.33044 of 2022(2) dt.08-09-2022 3/3 presence;

(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 his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/Ajay Singh U T