Aman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.1020 of 2019 Arising Out of PS. Case No.-9 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== AMAN KUMAR Son of Sanjay Kumar Singh Resident of Village - Bihat Jalalpur, P.S.- Barauni, District- Begusarai through his father and natural guardian Sri Sanjay Kumar Singh, Son of Late Ram Nandan Singh, Resident of Village - Bihat Jalalpur, P.S.- Barauni, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nilesh Kumar For the Respondent/s :
Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-05-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in Barauni P.S. Case No. 9 of 2019/JJ Board Case No. 28/19, registered for the offences punishable under Section 396 of the Indian Penal Code and section 27 of the Arms Act.
It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Petitioner is not named in the FIR. Name of this petitioner has come in this case on the basis of confessional statement of co-accused. No
Patna High Court CR. REV. No.1020 of 2019(5) dt.29-05-2020 2/3 incriminating article has been recovered from possession of this petitioner. No test identification parade has been held till date. Other co-accused have been granted bail by different benches of this court vide order dated 20.05.2019 passed in Cr. Misc. No. 33161 of 2019, order dated 16.10.2019 passed in Cr. Misc. No. 57794 of 2019, order dated 19.11.2019 passed in Cr. Misc. No. 58620 of 2019 and order dated 05.03.2020 passed in Cr. Misc. No. 76792 of 2019 (Annexure- 3 series). Petitioner is in custody since 08.01.2019.
Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Principal Magistrate, Juvenile Justice Board, Begusarai in connection with Barauni P.S. Case No. 9 of 2019/JJ Board Case No. 28/19 subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
Patna High Court CR. REV. No.1020 of 2019(5) dt.29-05-2020 3/3 (ii) 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. (Prabhat Kumar Singh, J) vinita/- U T