Aman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48975 of 2022 Arising Out of PS. Case No.-102 Year-2022 Thana- SINGHWARA District- Darbhanga ====================================================== Aman Kumar, aged about 22 years/ Male, Son of Wasuki Dutt Mishra, Resident of Village - Madhukar Chhapra, P.S.- Kanti, Distt.- Muzaffarpur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Iqbal Asif Niazi, Adv.
For the Opposite Party :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-12-2022 This matter has been taken up today for consideration through video conferencing.
Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Singhwara P.S. Case No. 102 of 2022, dated 06.06.2022 registered for the offence punishable under Sections 420, 379, 411 of the Indian Penal Code.
Learned counsel for the petitioner submits that there is an allegation that a person has tried to snatch ATM card from the hand of the informant and misuse the same, when she has gone to get cash from the ATM. When the informant raised an alarm, he started fleeing away and has been apprehended. He has named the petitioner and other co-accused. On such implication,
Patna High Court CR. MISC. No.48975 of 2022(2) dt.09-12-2022 2/3 the petitioner has been searched and it is alleged that 16 ATM cards and 1,000/- cash have been recovered from the petitioner. Learned counsel for the petitioner submits that no incriminating material has been recovered from the petitioner. The cash stated to have been recovered was in his possession in normal course as the amount is a usual amount. He has been arrested and is in custody since, 07.06.2022. Co-accused Rahul Kumar has been allowed bail in Cr. Misc No. 45765 of 2022. The petitioner is on bail in two out of three cases pending against him since before as per disclosure which made in paragraph 3 of the petition.
Learned APP for the State has opposed the prayer for bail. Considering the rival submissions and the period of custody, this Court, for the purpose of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st class, Darbhanga, in connection with Singhwara P.S. Case No. 102 of 2022, subject to the following conditions:-
Patna High Court CR. MISC. No.48975 of 2022(2) dt.09-12-2022 3/3 (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) Raj kishore/- U T