Amarjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9663 of 2021 Arising Out of PS. Case No.-366 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== Amarjit Kumar Son of Anand Mahto Resident of Village- Khadiyahi, P.S.- Bibhutipur, District- Begusarai.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-10-2021 Heard learned counsel for the petitioner and the State. Earlier prayer for bail of the petitioner was refused by this Court vide order dated 29.1.2020, passed in Cr.Misc.No. 4928/2020.

Learned counsel for the petitioner submits that similarly situated co-accused Suman Kumar, who was arrested along with the petitioner and who was also apprehended from the looted vehicle, has already been allowed bail by a different co-ordinate bench of this Court vide order dated 23.6.2021, passed in Cr.Misc.No. 4067/2021. It is further submitted that charge has already been framed and the petitioner is in custody since 21.10.2019.

Learned counsel appearing for the State opposes the prayer for bail.

Patna High Court CR. MISC. No.9663 of 2021(5) dt.04-10-2021 2/2 Considering the submissions of the parties, custody of the petitioner and the fact that charge has already been framed, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be enlarged 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 Chief Judicial Magistrate, Begusarai in Teghra Police Station Case No. 366 of 2019/GR No.3744 of 2019 on the following conditions:-

(1) Petitioner 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 the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

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

(Prabhat Kumar Singh, J) Shashi U T