Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59342 of 2021 Arising Out of PS. Case No.-754 Year-2020 Thana- MADHEPURA District- Madhepura ====================================================== Amit Kumar Son of Bhupendra Yadav Resident of Village - Naulakhi, P.S.- Janki Nagar, District - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Madhepura P.S. Case No. 754 of 2020 registered for the offence under Sections 302 and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 17.05.2021.

The allegation against the petitioner is to commit the murder of the husband of the informant.

Learned counsel appearing on behalf of the petitioner submitted that except last seen, there is nothing, which may connect the petitioner with the present allegation. It has further

Patna High Court CR. MISC. No.59342 of 2021(3) dt.22-06-2022 2/3 been submitted that the petitioner is involved in three criminal cases of different nature, as mentioned in paragraph no.3 of the bail petition, and out of three, petitioner is on bail in two cases. While concluding the argument, it has also been submitted that chargesheet has already been submitted in this case, as such there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State while opposing the prayer of bail fairly conceded that except last seen, there is nothing incriminating against the petitioner.

Considering the facts and circumstances as mentioned above, as the informant is not the eye witness of the occurrence coupled with the fact that except last seen, nothing incriminating surfaced during the course of investigation against the petitioner, let the petitioner, above named, is directed to be released on bail in connection with Madhepura P.S. Case No. 754 of 2020 on furnishing bail bond of Rs.

"(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the

Patna High Court CR. MISC. No.59342 of 2021(3) dt.22-06-2022 3/3 Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(ii) That one of the bailors shall be Abhinandan Yadav, who is the cousin brother of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) Ankit/- U T