Amar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50722 of 2024 Arising Out of PS. Case No.-115 Year-2022 Thana- BELDOUR District- Khagaria ====================================================== Amar Kumar Son of Nirajan Singh, R/o Village- Khoparia, PS- Chausa, DistMadhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail, who is in custody in connection with Beldour P.S. Case No. 115 of 2022 registered for the offences punishable under Sections 379 and 356 of the Indian Penal Code.

3. Allegedly, while the informant was returning to his branch office after collection of some cash amount, in the meantime, two unknown persons covering their face came and looted away his motorcycle and other valuables, including a bag containing cash of Rs. 1,73,717-.

4. It is contended on behalf of the petitioner that the FIR has been instituted against unknown miscreants, however, during the course of investigation, co-accused Brij Kumar was

Patna High Court CR. MISC. No.50722 of 2024(2) dt.24-07-2024 2/3 apprehended and on his confession, the name of the petitioner has sprung up in this case. The petitioner has been incarcerated in this case since 31.10.2023 but till date neither he has been put on T.I. parade nor any incriminating material has been recovered from the person or possession of the petitioner. Barring the confessional statement, there is no material suggesting complicity of the petitioner. Moreover, on being apprehended in connection with the present case, the petitioner has been remanded in other two criminal cases, the particular of which has been mentioned in para-3 of the bail application. Now, the investigation of the crime is complete and the charge-sheet has been submitted.

5. On the other hand, learned counsel for the State vehemently opposed the bail application and submitted that the petitioner is carrying two other criminal antecedent over his head.

6. Regard being had to the submissions made on behalf of the parties and considering the fact that the name of the petitioner has surfaced on the confessional statement and barring this, there is no other material, coupled with the period of custody, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two

Patna High Court CR. MISC. No.50722 of 2024(2) dt.24-07-2024 3/3 sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Beldour P.S. Case No. 115 of 2022, 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) rohit/- U T