Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49497 of 2024 Arising Out of PS. Case No.-14 Year-2023 Thana- PUSA District- Samastipur ====================================================== Amit Kumar SON OF BINOD KUMAR RAY VILLAGE- BEHAT, WARD NO. 2, PS- SINGHIA, DIST- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy, Adv.

For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 392 of the IPC. 3.

Allegedly, the informant was surrounded by three unknown miscreants sitting on a scooty, who tried to snatch his bike key and overtook him and on the point of pistol, snatched his bag containing Rs.57481.00/-. In the bag tablet and bio metrics were also kept.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. The allegation levelled against the petitioner is totally false and based on concocted facts. Petitioner is a student. He is not named in the F.I.R. and

Patna High Court CR. MISC. No.49497 of 2024(3) dt.13-09-2024 2/3 has been falsely implicated in this case due to ulterior motive. He was not apprehended on the spot. His name has been transpired in the present case on the basis of the confessional statement of co-accused Keshav Jha. Similarly situated coaccused has been granted anticipatory bail by this Court vide order dated 30.01.2024 passed in Cr. Misc. No. 53861 of 2023. Petitioner has no criminal antecedent as mentioned in para 3 of the bail application.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since similarly situated co-accused has been granted anticipatory bail by this Court, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Pusa P.S. Case No.14 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7.

However, the learned Court below is directed to verify the criminal antecedent of the petitioner before accepting the bail

Patna High Court CR. MISC. No.49497 of 2024(3) dt.13-09-2024 3/3 bond. If it is found that the petitioner is involved in any other case prior to the present case, other than the cases mentioned in para 3 of the bail application, then his bail bond shall not be accepted.

(Anjani Kumar Sharan, J) divyanshi/- U T