Patna High CourtCR. MISC./48521/2023bail granted

Amit Kumar v. The State Of Bihar

2023-08-08Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48521 of 2023 Arising Out of PS. Case No.-214 Year-2023 Thana- BARH District- Patna ====================================================== Amit Kumar Son Of Surendra Kumar Singh Resident Of Ward No.- 19, Deshrajpur, Mahnar, P.S.- Mahnar, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarandha Suman For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Barh P.S. Case No. 214 of 2023 dated 11.04.2023 registered for the offence punishable u/s 392 of the Indian Penal Code.

4. As per the prosecution case, two unknown miscreants are alleged to have snatched the tempo of the informant on the point of pistol.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.48521 of 2023(2) dt.08-08-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused Chandan Kumar. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.04.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the stolen tempo was recovered from the possession of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Barh, Patna in connection with Barh P.S. Case No. 214 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T