Amod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40947 of 2022 Arising Out of PS. Case No.-173 Year-2021 Thana- KISHUNPUR District- Supaul ====================================================== AMOD KUMAR, Son of Ram Chandra Sah, Resident of village-Sujanpur, Ward no.2, P.S.-Kishanpur, District-Supaul.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun For the Opposite Party/s :

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 15-11-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Kishanpur P.S. Case No. 173/2021 registered for the offences punishable under Section 392 of the Indian Penal Code. As per prosecution case, three unknown miscreants snatched the bag of money containing Rs.88,150/- and fled away.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of petitioner transpired in this case on the basis of confessional

Patna High Court CR. MISC. No.40947 of 2022(2) dt.15-11-2022 2/3 statement of co-accused, Ankit Kumar. The petitioner is languishing in custody since 19.01.2022 and bears criminal antecedent of one case. Nothing has been recovered from the conscious possession / house of the petitioner. He further submits that no T.I. Parade was conducted. Except confessional statement of co-accused there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, petitioner is not named in the FIR, argument advanced on behalf of both sides, charge sheet has already been submitted in this case and there is no likelihood of tampering with the prosecution evidence and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Kishanpur P.S. Case No. 173/2021,

Patna High Court CR. MISC. No.40947 of 2022(2) dt.15-11-2022 3/3 subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkumar/- U T