Amit Kumar Maurya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47977 of 2024 Arising Out of PS. Case No.-130 Year-2024 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Amit Kumar Maurya son of Ram Sudhar Maurya Village- Kharkholi PsSaiyadraja Dist- Chandauli U.P ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashutosh Tripathy, Advocate For the Opposite Party/s :

Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Durgawati P.S. Case No. 130 of 2024, instituted for the offences punishable under Sections 414, 467 and 468 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner along with other co-accused person was having tea at a tea stall where the police party came and enquired about the parked motorcycle in front of them. The accused persons failed to produce any valid documents of the same and was apprehended.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. It is further submitted that the motorcycle was not recovered from the possession of

Patna High Court CR. MISC. No.47977 of 2024(2) dt.10-07-2024 2/2 the petitioner. The petitioner is in custody since 08.05.2024 and has got one criminal antecedent.

5. Learned APP 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 and taking into account 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 on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Durgawati P.S. Case No. 130 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T