Amit Sardar @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41816 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- KUMAR KHAND District- Madhepura ====================================================== Amit Sardar @ Amit Kumar Son of Bhupendra Sardar R/O Vill.- Bhokraha, Ward no.- 07, P.S.- Kumarkhand, (Bhatni O.P.), Dist.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kumarkhand P.S. case No. 8 of 2024 instituted for the offences under Sections 413/414 of the Indian Penal Code.

3. Prosecution case, in short, is that, police on the basis of secret information that this petitioner and other coaccused have recently committed theft, raided the house of the petitioner. The petitioner was apprehended and various kinds of

Patna High Court CR. MISC. No.41816 of 2024(3) dt.27-06-2024 2/3 stolen articles including motorcycles were recovered from the house of the petitioner.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case by the police with ulterior motive. Learned counsel further submitted that petitioner is a mechanic of motorcycle as well as electric articles and he runs garage for repairing of accidental motorcycles in his house-cum-garage. Learned counsel further submitted that there is no compliance of Section 100 of the Cr.P.C. No incriminating/looted article has been recovered from the conscious possession of the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 06.01.2024 and has three criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, nature of allegation as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.41816 of 2024(3) dt.27-06-2024 3/3 each to the satisfaction of Court below/concerned Court in connection with Kumarkhand P.S. case No. 8 of 2024. (Rudra Prakash Mishra, J) Alok Verma/- U T