Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49451 of 2024 Arising Out of PS. Case No.-31 Year-2024 Thana- GANDHIMAIDAN District- Patna ====================================================== Amit Kumar Son of Sri Hareram Prasad Resident of Village-Baraiya Kalan ,P.S- Fatuha , Dist-Patna ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arjun Kumar For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-09-2024 1.
Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.
2.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 467, 468, 471, 379, 420, 406 and 120(B) of the Indian Penal Code. 3.
Learned counsel for the petitioner submits that Nandan had approached this court seeking anticipatory bail by filing Cr. Misc No. 41380 of 2024 and the same was allowed by an order dated 9-8-2024, thereafter Rakesh Kumar @ Vinayak also moved this Court seeking anticipatory bail by filing Cr. Misc No. 49221 of 2024 and the same was allowed by an order dated 25-9-2024. It is next submitted that the case of the petitioner is on a better footing than that of Nandan and Rakesh
Patna High Court CR. MISC. No.49451 of 2024(4) dt.25-09-2024 2/3 Kumar. It is also submitted that petitioner will also not abscond rather will cooperate in the investigation to prove his innocence. 4.
Learned APP and learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioner.
5.
Considering the fact that co-accused Nandan and Rakesh Kumar have been granted the privilege of anticipatory bail, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Gandhi Maidan P. S. Case No. 31 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6.
One of the bailors of the petitioner shall be his cousin brother, Sonu Kumar.
7.
However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioner, despite giving assurance to this Court, is not cooperating in the
Patna High Court CR. MISC. No.49451 of 2024(4) dt.25-09-2024 3/3 investigation or is not presenting himself as and when required, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.
8.
Further, it is made clear that in the event, if chargesheet is filed connecting the petitioner with the offence in that event, the present anticipatory bail order shall lose its effect. 9.
Let a copy of this order be sent to the concerned Police Station through the learned trial Court. (Satyavrat Verma, J) SUMIT/- U T