Amit Kumar @ Bengwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71282 of 2021 Arising Out of PS. Case No.-370 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== Amit Kumar @ Bengwa, Son of Munna Ram Kahar, Resident of Mohalla - Dhobi Tola, Ward No.- 18, P.S.- Khagaria, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-06-2022 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with Khagaria P.S. Case No.370 of 2020 registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code. He is in custody since 16.08.2020 The petitioner has got no criminal antecedent. Learned counsel for the petitioner submits that, as per the prosecution story, the allegation against the petitioner is that he along with other co-accused committed theft in the shop of the informant.

Patna High Court CR. MISC. No.71282 of 2021(2) dt.15-06-2022 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel submits that nothing incriminating has been recovered from the possession of the petitioner. It is submitted that the petitioner is in custody in connection with this case since 16.08.2020 having no criminal antecedent. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the submission that the petitioner in this case has remained in custody since 16.08.2021, he has no criminal antecedent, investigation against him is complete and his presence may also be secured in course of trial, this Court directs release of the petitioner above named on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Khagaria in connection with Khagaria P.S. Case No.370 of 2020, subject to the conditions as laid down under Section 437(3) Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of

Patna High Court CR. MISC. No.71282 of 2021(2) dt.15-06-2022 3/3 bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.