Aman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58011 of 2021 Arising Out of PS. Case No.-352 Year-2021 Thana- DEHRI TOWN District- Rohtas ====================================================== Aman Kumar, Male, aged 21 years son of Bimal Singh resident of Mohalla Bal Govind Bigha P.S Dihri ( T) District- Rohtas ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Pandey For the Opposite Party/s :
Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 06-04-2022 Let the defects, if any, be removed within four weeks from today.
Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered in connection with Dihri( T) P.S.Case No. 352 of 2021 for the offences punishable under Sections 379 and 461 of the Indian Penal Code.
As per the prosecution case, it is alleged that in the night of 24.06.2021 some unknown persons stolen the roller bearing, logs, chain and other articles by cutting wall of store room of Hydro Electric Power Project Dihri. The F.I.R has been registered on 2.07.2021 against unknown persons. Learned counsel for the petitioner submits that FIR
Patna High Court CR. MISC. No.58011 of 2021(2) dt.06-04-2022 2/3 instituted against unknown person but only on suspicion the police arrested this petitioner and after any how obtaining his self confessional statement, he has been implicated in this case. It is next submitted that no stolen articles has been recovered from possession of the petitioner. Though during course of investigation, it has come to light that on the confessional statement of this petitioner, recovery has been made from the shop of one Vijay Prajapati. Counsel for the petitioner drawn my attention towards material which are said to be stolen and mentioned in the F.I.R as well as seizure list which does not tally with each other. It is next submitted that petitioner in is custody since 17.07.2021 and the investigation has already been completed.
The learned A.P.P opposed the prayer for bail of the petitioner.
Having heard the rival contentions of the parties and taking into consideration the fact that, F.I.R instituted against unknown and there is delay in lodging of the F.I.R and petitioner having no criminal antecedent, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-I,
Patna High Court CR. MISC. No.58011 of 2021(2) dt.06-04-2022 3/3 Dehri on-Sone, Rohtas in connection with Dehri ( T) P.S.Case No. 352 of 2021 subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(Harish Kumar, J) N.K/- U