Aman Kumar @ Aman Kumar Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49780 of 2024 Arising Out of PS. Case No.-31 Year-2024 Thana- KARJA District- Muzaffarpur ====================================================== Aman Kumar @ Aman Kumar Giri, Son Of Rakesh Giri, Resident Of Village - Balmi Sirsiya, P.S. - Kalayanpur, District - East Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar, Advocate For the State :
Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-10-2024
1. In compliance with this Court's direction dated 04.10.2024, Mr. Rakesh Kumar Singh, Senior Superintendent of Police, Muzaffarpur is present in person and he submits that he did not intentionally disobey this Court's direction as to sending the details of criminal antecedent of the petitioner and so far as the communication as to having been made by learned APP in his Office is concerned, that communication was also not received by him, rather the same was communicated to Deputy Superintendent of Police and this fact can be verified from the learned APP. It is further submitted that the required details of criminal antecedent of the petitioner has been sent vide Letter No. 469 of 2024 dated 27.09.2024. It is further submitted that the S.H.O. Karja Police Station remained
2/4 negligent in complying with this court's direction and after getting information of this negligence he has issued show-cause notice to him and also taken legal action against him.
2. Senior Superintendent of Police, Muzaffarpur further submits his unqualified and unconditional apology for the inconvenience caused to this court.
3. The explanation submitted by the Senior Superintendent of Police, Muzaffarpur is hereby accepted and he is directed to sensitize all the police officers posted in Muzaffarpur district to be careful in complying with the direction of this court in prescribed time.
4. The personal appearance of the Senior Superintendent of Police, Muzaffarpur is hereby dispensed with.
5. Heard Mr. Arvind Kumar, learned counsel appearing for the petitioner and Mr. Binod Kumar No.3, learned APP for the State.
6. The petitioner seeks regular bail in connection with Karza @ Karja P.S. Case No. 31 of 2024, dated 30.01.2024, registered for the offence(s) punishable under Section(s) 395 of the Indian Penal Code and Section 27 of Arms Act.
7. Mr. Arvind Kumar, learned counsel for the
3/4 petitioner submits that this petitioner was arrested in Paroo P.S. Case No. 35 of 2024 in which the police forcibly took his confessional statement and he was remanded in the present matter, except this, there is no material against him. The petitioner has not been put on test identification parade till date and against him the investigation has been completed and he has been languishing in jail since 05.02.2024. It is further submitted that co-accused persons namely, Chandan Kumar, Mithlesh Kumar and Aakash Kumar, who have criminal antecedents, have been granted bail by this court and the petitioner's case stands on similar footing with them. It is further submitted that against the petitioner there are criminal antecedents of five cases, out of them he has got bail in two cases.
8. Though, Mr. Binod Kumar No.3, learned APP appearing for the State, has opposed the bail prayer of the petitioner but he fairly accepted that the petitioner's case stands on similar footing with the above-mentioned co-accused persons in respect of the main allegation.
9. Considering the facts and circumstances of this case as well as above submissions and mainly the facts that the investigation against this petitioner has been completed and his case stands on similar footing with the above-mentioned co-
4/4 accused persons in respect of the main alleged offences, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Karza @ Karja P.S. Case No. 31 of 2024 on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Rajiv/- U T