Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35467 of 2023 Arising Out of PS. Case No.-63 Year-2021 Thana- KINJAR District- Jehanabad ====================================================== AMAN KUMAR son of VINAY SINGH @ BINAY KUMAR VillageNoniabigha Ps- Arwal Dist- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-07-2023 Heard learned counsel appearing on behalf of the parties.

The petitioner seeks bail in connection with Kinger P.S. Case No.63 of 2021 registered for the offence under Section 395 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 08.12.2021.

The allegation against the petitioner is to commit dacoity along with other co-accused persons, while committing so, taken away cash of Rs. 35,000/- belongs to informant and others.

Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner appears during course of investigation, on the basis of confessional statement of

Patna High Court CR. MISC. No.35467 of 2023(2) dt.11-07-2023 2/3 apprehended co-accused persons, where, no incriminating materials including cash recovered from this petitioner, as to connect him, prima facie, with present occurrence of dacoity. It is submitted that petitioner was not put on TIP, as yet. It is submitted that similarly situated co-accused person, namely, Tuntun Kumar, has already granted bail by one of the Ld. coordinate Bench of this Court, through Cr. Misc. No. 26428 of 2022 dated 18.08.2022. While concluding the argument, it is submitted that petitioner found involved in 03 more criminal cases, where, he is on bail and moreover, investigation of this case is completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as save and except confessional statement and suspicion, nothing appearing incriminating against this petitioner, during course of investigation, as to connect him, prima facie, with present occurrence of dacoity coupled with the fact that chargesheet has already submitted, where, petitioner is in custody since 08.12.2021, let the petitioner, above named, is directed to

Patna High Court CR. MISC. No.35467 of 2023(2) dt.11-07-2023 3/3 be released on bail in connection with Kinger P.S. Case No.63 of 2021, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions JudgeIII, Jehanabad/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T