Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45970 of 2019 Arising Out of PS. Case No.-186 Year-2019 Thana- GAYA MUFASIL District- Gaya ====================================================== 1.

Amit Kumar (Male), aged about 22 years, Son of Ashok Prasad, Resident of Village-Dome Toli, Dak Asthan More, Police Station -Kotwali, DistrictGaya. 2.

Deepak Kumar (Male), ageed about 18 years, Son of Arjun Goswami, Resident of Village-Ramsheela Warish Nagar, Police Station- Kotwali, District -Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2, Adv.

For the Opposite Party/s :

Mr.Ram Bachan Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-09-2019 Heard learned counsel for petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Muffasil P.S. Case No. 186 of 2019 registered for the offences punishable under Section 414 of the Indian Penal Code.

Informant is police officer, who in his selfstatement has stated that on 09.05.2019 at about 5:00 P.M. during course of patrolling he saw three persons on a motorcycle in a suspicious condition and they were apprehended who disclosed their names as Amit Kumar and Deepak Kumar (petitioners) and one Ashish Kumar they could not produced

Patna High Court CR. MISC. No.45970 of 2019(3) dt.27-09-2019 2/3 any ownership paper of the motorcycle and confessed that it was a stolen motorcycle.

It has been submitted on behalf of the petitioners that they are innocent and have committed no offence. They have been falsely implicated in this case. Nothing incriminating articles has been recovered from possession of the petitioner. Petitioner are in custody since 11.05.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Muffasil P.S. Case No. 186 of 2019, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and their absence on two consecutive dates without sufficient reasons, their bail bond shall be cancelled by the court below.

Patna High Court CR. MISC. No.45970 of 2019(3) dt.27-09-2019 3/3

(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) Rajiv/- U T