Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45707 of 2022 Arising Out of PS. Case No.-777 Year-2020 Thana- MADHAURAH District- Saran ====================================================== AMIT KUMAR SON OF NANDKISHOR SAH R/O VILLAGE- MAHULI, P.S.- ISUAPUR, DISTRICT- SARAN AT CHAPRA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-12-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioner as well as the learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Marhowrah P.S. Case No. 777 of 2020, registered for the offences punishable under Section 392 of the I.P.C. As per allegation, three unknown accused persons snatched the motorcycle of the informant at the point of countrymade pistol. The learned counsel for the petitioner has submitted that the petitioner is innocent. Nothing was recovered from his possession. His name has figured only in confessional statement of co-accused, Golu Kumar. He is under custody for more than a year. He has submitted further that in all the cases mentioned in paragraph no. 3 of the bail petition, the petitioner is on bail except Chapra Mufassil P.S. Case No. 25 of 2021 and Digha P.S. Case No. 51 of

202. Though in these cases, the petitioner is not named, and he has

Patna High Court CR. MISC. No.45707 of 2022(2) dt.14-12-2022 2/2 not been remanded despite the fact that he is under custody for more than a year.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Saran at Chapra in connection with Marhowrah P.S. Case No. 777 of 2020, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial. (ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(iii) The petitioner shall appear before the Court below on each and every date, unless prevented by any unavoidable circumstances.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) kundan/-Mahesh U T