Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59797 of 2024 Arising Out of PS. Case No.-73 Year-2023 Thana- KHUTAUNA District- Madhubani ====================================================== Amit Kumar son of Chedi Lal Das Village- Bharhar, Siswar, PsPhulparas,Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Bharti, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

1.

The petitioner seeks bail in a case registered for the offences punishable under Section 394 of the Indian Penal Code.

2.

Learned counsel for the petitioner submits that the petitioner is in custody since 16.05.2024, with clean antecedent and has been falsely implicated in the instant case based on confessional statement of Ankit Kumar Jha. It is next submitted that Ankit Kumar Jha had moved this Court seeking regular bail by filing Cr. Misc. No. 75825 of 2023 and the same came to be allowed by an order dated 28.02.2024. It is further submitted that the charge-sheet has been submitted. It is also submitted that since Ankit Kumar Jha has been granted privilege of bail,

Patna High Court CR. MISC. No.59797 of 2024(2) dt.05-10-2024 2/2 the case of the petitioner is on better footing. 3.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

4.

Considering the submission made by learned counsel for the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Khutauna P.S. Case No. 73 of 2023.

5.

However, one of the bailors of the petitioner shall be his brother-in-law (jija), Motilal @ Motilal Das.

6. Further, it is made clear that if the learned trial court comes to a conclusion that the petitioner after his release is trying to delay the trial in any manner, the learned trial court shall forthwith cancel his bail bonds after recording reasons. (Satyavrat Verma, J) Guddu/- U T