Aman Kumar @ Aman Kumar Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62201 of 2018 Arising Out of PS. Case No.-52 Year-2018 Thana- GAYA KOTWALI District- Gaya ====================================================== 1.Aman Kumar @ Aman Kumar Yadav son of Late Mahesh Yadav. 2.Vikash Kumar Yadav @ Vikash Kumar s/o Matru Yadav Both are resident of village-Jurabganj, Naya Tola, P.S. Korha, District Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv, Mr. Pravin Kumar, Adv and Mr. Udbhav, Adv For the Opposite Party/s :

Mr. Sri S. Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-10-2018 Heard learned counsel for petitioners and learned counsel for the State.

Petitioners seeks bail in Kotwali P.S. Case No. 52 of 2018 registered for the offence punishable under Section 379 of the Indian Penal Code and subsequently Section 411 of the IPC. Informant in his written complaint has stated that when he parked his motorcycle near Lal Medical shop to purchase medicine, unknown miscreants after opening the dickey of his motorcycle took away his black bag containing contract paper, Pass-book and Rs. 40,000/-. FIR is against unknown.

It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case on suspicion. It has been further submitted that the petitioners

Patna High Court Cr.Misc. No.62201 of 2018(3) dt.31-10-2018 2/2 have been made accused in this case on the basis of confessional statement of other co-accused made in Kotwali P.S. case No. 72 of 2018. Petitioners are in custody since 25.04.2018. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Kotwali P.S. Case No. 52 of 2018, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioners 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 petitioners.

(S. Kumar, J) ranjan/- U