Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65620 of 2021 Arising Out of PS. Case No.-218 Year-2021 Thana- BALIYA District- Begusarai ====================================================== AMIT KUMAR Son of Madan Paswan Resident of Village- Nurjamapur, Ward No.09, Milkichak, P.S.- Ballia, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-04-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 457, 380 and 411 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 21.07.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the informant alleges that on 17.07.2021 while he was sleeping with his family members, some anti-social elements came and committed theft of his LCD TV, mobile, gold jewelry about 10 bhar and 1⁄2 kg silver jewelry along with some new cloths and container of mustard oil.

Patna High Court CR. MISC. No.65620 of 2021(2) dt.12-04-2022 2/3 Learned counsel for the petitioner submits that F.I.R. was against unknown, during the course of investigation the police received information through spy that the petitioner along with others had committed the occurrence and the looted articles are kept in the house of one Raja Kumar. Learned counsel further submits that accordingly the police reached at the house of Raja Kumar from where looted articles were recovered and the petitioner was also found at his rented flat. It is submitted that it was only after the petitioner was arrested at the house of Raja Kumar then the Investigating Officer cooked up a story by alleging that he had prior information that this petitioner was also involved in the theft. Learned counsel further submits that even presuming what has been alleged is true, without admitting for the purposes of bail, then it is the first offence of the petitioner and the petitioner is a young boy of 25 years of age. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent, charge-sheet has been submitted in the case and taking into consideration the fact that it is his first offence, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

Patna High Court CR. MISC. No.65620 of 2021(2) dt.12-04-2022 3/3 with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Baliya P.S. Case No. 218 of 2021. (Satyavrat Verma, J) Rishi/- U T