Amrit Kumar @ Botla v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50259 of 2021 Arising Out of PS. Case No.-280 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== Amrit Kumar @ Botla S/O Shri Harish Chandra Singh R/o village- Bihar, P.S.- Barauni, District- Begusarai ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar For the Opposite Party/s :
Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-09-2021 This matter is taken up for consideration through Video Conferencing.
Heard both parties.
The petitioner seeks bail in Barauni (FCI) P.S. Case No. 280 of 2019, registered for the offence punishable under Sections 302, 307 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.
Earlier the bail application of petitioner was rejected vide order dated 24.03.2021.
It is submitted on behalf of the petitioner that similarly situated co-accused person Bhola Kumar has been subsequently granted bail vide order dated 18.05.2021 passed in Cr. Misc. No. 1734 of 2021. The case of petitioner is on similar footing. Petitioner has got clean antecedent and he is in custody
Patna High Court CR. MISC. No.50259 of 2021(2) dt.15-09-2021 2/2 since 30.06.2019.
Considering the fact that similarly situated co-accused has been granted bail by this Court, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge I, Begusarai in connection with Barauni (FCI) P.S. Case No. 280 of 2019, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T