Patna High CourtCR. MISC./36018/2023bail granted

Abhimanau Kumar @ Paltu Kumar @ Paltu Singh @ Abhumanau Singh v. The State Of Bihar

2023-06-24Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36018 of 2023 Arising Out of PS. Case No.-577 Year-2020 Thana- LAKHISARAI District- Lakhisarai ====================================================== Abhimanau Kumar @ Paltu Kumar @ Paltu Singh @ Abhumanau Singh S/O Upendra Singh @ Bimla Prasad Singh R/O Village-Chak Singar, P.S.- Jurawanpur, District-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-06-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Lakhisarai P.S. Case No. 577 of 2020 dated 13.11.2020, lodged under Sections 363 & 365 of the I.P.C.

4. As per the prosecution case, the F.I.R. has been lodged against unknown accused persons who alleged to kidnap the brother of the informant.

5. Learned counsel for the petitioner submits that the name of the petitioner has figured in this case by virtue of the confessional statement of the co-accused. Counsel submits that

Patna High Court CR. MISC. No.36018 of 2023(2) dt.24-06-2023 2/3 the alleged victim has been recovered and his statement under Section 164 of Cr.P.C. has taken place and annexed as Annexure-2. From the said 164 statement of Cr.P.C., there is no allegation against the petitioner. In the order-sheet, the name of the petitioner has transpired as one of the conspirator.

6. Learned counsel for the petitioner further submits that the antecedent of the petitioner is clean and he is in custody since 01.09.2022. Counsel submits that the other co-accused persons have been granted bail by the Co-ordinate Bench of this Court which is Annexure-3 series.

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Lakhisarai in connection with Lakhisarai P.S. Case No. 577 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date

Patna High Court CR. MISC. No.36018 of 2023(2) dt.24-06-2023 3/3 fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

9. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T