Patna High Court/41484/2023bail granted

Aman Kumar @ Bhanku v. The State Of Bihar

2023-07-21Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41484 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- MANIYARI District- Muzaffarpur ====================================================== AMAN KUMAR @ BHANKU SON OF SURYADEO RAY @ SURYA DEV RAY VILLAGE MADHOPUR SUSTA PS MANIYARI, DISTMUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Anand, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-07-2023 Heard the parties.

The petitioner is in custody in connection with Maniyari P.S. Case No. 11 of 2023 for the offence under Sections 412 of the Indian Penal Code lodged on 14.01.2023 by the informant, Kaushal Kumar.

As per the prosecution story, during patrolling, the Police party was checking the vehicle, in course whereof, saw three persons riding a motorcycle. As the Police tried to intercept them, this petitioner and Ranjan Kumar were apprehended and Sonu Kumar escaped. Subsequently, a motorcycle which was snatched by them and a mobile phone were recovered/seized. Accordingly, the F.I.R. Learned counsel for the petitioner submits that mobile

Patna High Court CR. MISC. No.41484 of 2023(2) dt.21-07-2023 2/3 phone belongs to him and no one has come forward to claim the vehicle which was alleged to be snatched. Further, he has remained in custody since 15.01.2023 (as stated in paragraph 12 of the petition). However, he concedes that he has criminal antecedent.

Learned APP opposes the prayer for bail.

Considering the age of the petitioner as also his period of custody i.e. 15.01.2023 and ultimately will have to face the trial, this Court is inclined to extend him the privilege of bail with conditions.

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 learned Judicial Magistrate, 1st Class, Muzaffarpur (West), in connection with Maniyari P.S. Case No. 11 of 2023 subject to the following conditions:

(i) one of the bailor should be the family member 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 reason will entail cancellation of his

Patna High Court CR. MISC. No.41484 of 2023(2) dt.21-07-2023 3/3 bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(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) kiran/- U T