Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53863 of 2025 Arising Out of PS. Case No.-163 Year-2025 Thana- NASRIGANJ District- Rohtas ====================================================== Amit Kumar S/o Santosh Paswan Resident of village- Amiyawar, PSNasriganj, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Kant For the Opposite Party/s :

Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Nasriganj P.S. Case No. 163/2025 registered for the offences punishable under Section 309(6) of the B.N.S.S.

3. As per prosecution case, the informant's motorcycle was taken away by the miscreants on the point of pistol and they also assaulted the informant and snatched Rs.2,000/- FIR has been lodged against unknown.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner is languishing in custody since 11.05.2025 and bears no criminal antecedent. He further submits that the petitioner is not named in the FIR and during course of

Patna High Court CR. MISC. No.53863 of 2025(2) dt.11-08-2025 2/3 investigation the name of the petitioner surfaced in this case on the basis of suspicion. Except suspicion there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has not been put on T.I. Parade up-till-now. He orally submits that charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.

5. The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Bikramganj in connection with Nasriganj P.S. Case No. 163/2025, subject to following conditions:- (i) One of the bailors shall be either father or mother

Patna High Court CR. MISC. No.53863 of 2025(2) dt.11-08-2025 3/3 or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) amitkumar/- U T