Patna High CourtCR. MISC./66057/2024bail granted

Ampu Kumar v. The State Of Bihar

2024-12-16Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66057 of 2024 Arising Out of PS. Case No.-160 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== Ampu Kumar Son of Birendra Ram R/O Village- Biraith, P.S.- Gopalpur, District- West Champaran ... ... Petitioner/s

Versus

The State of Bihar Patna ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 70007 of 2024 Arising Out of PS. Case No.-160 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== Satish Kumar Dubey S/o Binod Dubey Resident of village- Jagarnathpur, PSGopalpur, District- West Champaran ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 66057 of 2024) For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Md. Matloob Rab (In CRIMINAL MISCELLANEOUS No. 70007 of 2024) For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-12-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Majhaulia P.S Case No. 160/2023 dated 23.02.2023 registered for the offence punishable u/s 397 of the Indian Penal Code.

Patna High Court CR. MISC. No.66057 of 2024(3) dt.16-12-2024 2/3

3. As per the prosecution case, unknown miscreants are alleged to have snatched the motorcycle, Rs. 4,500/- in cash, ATM Card and other documents from the informant on the point of pistol and knife.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Saif Ali. The petitioner in Cr. Misc. No. 66057/2024 has five antecedents whereas the petitioner in Cr. Misc. No. 70007/2024 has two criminal antecedents as stated in para 3 of the bail petition. The petitioners are in custody since 18.07.2024 and 11.07.2024 respectively.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.66057 of 2024(3) dt.16-12-2024 3/3 learned Court concerned, West Champaran at Bettiah, in connection with Majhaulia P.S Case No. 160/2023, with the condition:- (i). The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T