Patna High CourtCR. MISC./38360/2024bail granted

Amit Kumar v. The State Of Bihar

2024-08-01Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38360 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- SARMERA District- Nalanda ====================================================== Amit Kumar Tejo Yadav @ Tejo Ray Resident of Village-Gopkita, P.S.- Pandarak, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 01-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Sarmera P.S Case No. 09 of 2024 registered for the offences punishable under Sections 392 of the Indian Penal Code.

3. As per prosecution case, it is alleged that three persons on bike came and snatched Rs. 20,000/- cash and two mobile phones and assaulted the informant on gunpoint.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that petitioner is not named in FIR, further no stolen item has been recovered from the conscious possession of the petitioner and no Test Identification Parade was conducted by

Patna High Court CR. MISC. No.38360 of 2024(3) dt.01-08-2024 2/2 the Police. It is also submitted that petitioner is in judicial custody since 29.02.2024.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Class Bihar Sharif, Nalanda/Concerned Court in connection with Sarmera P.S Case No. 09 of 2024, subject to condition that petitioner shall co-operate in the trial and shall be present on each and every date fixed by the trial court till conclusion of the trial and in his absence on two consecutive dates without any cogent reason will be sufficient to cancel his bail bonds. (Ramesh Chand Malviya, J) Mayank/- U