Patna High CourtCR. MISC./42120/2024bail granted

Amarkant Kumar @ Rakesh Kumar v. The State Of Bihar

2024-09-25Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42120 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- FATUA District- Patna ====================================================== Amarkant Kumar @ Rakesh Kumar Son of Krishna Kumar Paswan R/O Vill.- Fajjalichak, P.S.- Fatuha, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar, Adv.

For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-09-2024 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Fatuha P.S. Case No. 14 of 2024 dated 12.01.2024, lodged under Sections 363, 364, 302, 201, 120(B) of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against unknown person and the informant has alleged in the FIR that his son has been kidnapped.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the petitioner has falsely been implicated in this case. Counsel submits that the petitioner is not named in the FIR and there is no direct allegation of involvement of the petitioner in the alleged occurrence. Counsel submits that

Patna High Court CR. MISC. No.42120 of 2024(3) dt.25-09-2024 2/2 nothing incriminating has been recovered from the petitioner's possession. Counsel further submits that the criminal antecedent of the petitioner is clean and he is in custody since 21.01.2024.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the present facts and circumstances of this case, let the petitioner above named be granted bail, but only after framing of charge, if not framed, and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate 1st, Patna city, Patna in connection with Fatuha P.S. Case No. 14 of 2024, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J) Aman Kumar/- U T