Amit Kumar @ Amit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64222 of 2021 Arising Out of PS. Case No.-367 Year-2019 Thana- GORAUL District- Vaishali ====================================================== AMIT KUMAR @ AMIT KUMAR SINGH Son of Mahesh Singh Resident of Village- Malikpura, P.S.- Garaul, District- Vaishali at Hajipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arbind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-05-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

The petitioner seeks regular bail in connection with Goraul P.S. Case No. 367 of 2019 for the offence punishable under Section 392 of the Indian Penal Code.

The prosecution case, in brief, is that on 08.10.2019 at about 2.15 p.m., the informant Surendra Rai along with Kuldeep Ram was returning to his home. All of a sudden three miscreants came on motorcycle and snatched Rs. 1,50,000/- cash and mobile from the pocket of the informant and fled away.

Patna High Court CR. MISC. No.64222 of 2021(2) dt.12-05-2022 2/3 Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that nothing has been recovered from the conscious possession of the petitioner and till date the petitioner has not been put on TIP. He further submits that similarly situated co-accused persons, have already been granted bail vide order dated 13.07.2021 passed in Cr. Misc. No. 9526 of 2021 (Golu Kumar Vs. The State of Bihar) and order dated 04.02.2022 passed in Cr. Misc. No. 27309 of 2021 (Rajesh Kumar Vs. The State of Bihar). He further submits that the petitioner is in custody since 14.07.2021. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case, the petitioner, above named, is directed to be enlarged 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 ACJM I, Vaishali at Hajipur in connection with Goraul P. S. Case No. 367 of 2019, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court

Patna High Court CR. MISC. No.64222 of 2021(2) dt.12-05-2022 3/3 concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner 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 petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) S.Katyayan/- U T