Aditya Kumar @ Khushi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66455 of 2024 Arising Out of PS. Case No.-10 Year-2024 Thana- RUPASPUR District- Patna ====================================================== Aditya Kumar @ Khushi Son of Sri Uday Singh village- Rukunpura, P.S.- Rupaspur, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Diwakar Prasad Singh, Advocate.
For the Opposite Party/s :
Mr.Lakshmi Kant Sharma, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-10-2024 Heard Mr. Diwakar Prasad Singh, learned counsel appearing on behalf of the petitioner and Mr. Lakshmi Kant Sharma, learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Rupaspur P.S. Case No. 10 of 2024 for the offence punishable under Sections 341, 342, 386, 420 and 379/34 of the Indian Penal Code and Sections 66(c) and (d) of the I.T. Act.
3. As per the allegation made in the F.I.R., which is against unknown, four persons including the petitioner assaulted the informant, snatched his mobile and under coercion forced him to transfer a sum of Rs. 1,55,300/-.
4. Learned counsel appearing on behalf of the petitioner submitted that no T.I. parade has been conducted and in absence of any evidence, the petitioner cannot be held
Patna High Court CR. MISC. No.66455 of 2024(2) dt.01-10-2024 2/3 accused in the present case. Learned counsel further submitted that the petitioner has information that since the F.I.R. was lodge, account of the transferee was kept on hold and he has information that only Rs.50,000/- has not been credited into the account of the informant, however substantial amount has already been recovered and credited into the account of the informant. Learned counsel submits that the petitioner to buy peace and to get rid of the present case is willing to deposit a sum of Rs.50,000/- into the account of the informant, subject to the outcome of the criminal trial pending against the petitioner.
5. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.
6. Having considered the rival submissions made on behalf of the parties, as well as, the fact that the amount which was allegedly forcibly transferred in the account of unknown beneficiary has already been kept on hold and substantial amount has been transferred into the account of the informant, learned counsel, at this stage, submits that his client will honour his own commitment to get rid of the present criminal prosecution, 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
Patna High Court CR. MISC. No.66455 of 2024(2) dt.01-10-2024 3/3 to the satisfaction of the learned Judicial Magistrate, First Class, Danapur, Patna in connection with Rupaspur P.S. Case No. 10 of 2024, subject to the following conditions:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court 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.
7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J) mantreshwar/- U T