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Patna High CourtCR. MISC./57317/2023bail granted

Amarjeet Nat @ Amarjit Nut v. The State Of Bihar

2023-08-31Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57317 of 2023 Arising Out of PS. Case No.-155 Year-2023 Thana- PIRO District- Bhojpur ====================================================== AMARJEET NAT @ AMARJIT NUT SON OF AKHILESH NAT @ AKHILESH NUT RESIDENT OF VILLAGE- TADAWA (TANRWA), PSTARARI, DISTT- BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 31-08-2023 Heard the parties.

The petitioner is an accused in connection with Piro P.S. Case No. 155 of 2023 registered for the offences under section 379 of the Indian Penal Code lodged on 10.04.2023 by the informant, Subhash Chandra Singh.

As per the prosecution story, the allegation is that the informant was attending a training session for census at Town Hall, Piro after parking his motorcycle inside his campus. However, subsequently it went missing and accordingly, the FIR.

During investigation, the accused persons were picked up and in course there upon one accused Tahir in his confession, named this petitioner.

Patna High Court CR. MISC. No.57317 of 2023(2) dt.31-08-2023 2/3 It is the case of the petitioner that though he is in custody since 27.05.2023 (as stated in paragraph 16 of the bail application), there is no recovery from his part and further he do not have criminal antecedent, is a student.

Learned APP for the State, on the other hand, opposes the prayer for bail stating that his name has come in the confessional statement.

Considering the submissions put forward by the parties, there is no recovery from his side, he is in custody since 27.05.2023 and do not have criminal antecedent, this Court is inclined to extend him privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousands only) with two sureties of like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Bhojpur at Ara in connection with Piro P.S. Case No. 155 of 2023, subject to the following conditions-:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive

Patna High Court CR. MISC. No.57317 of 2023(2) dt.31-08-2023 3/3 dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every month for next one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Neha/- U T