Amit Kumar @ Amit Baskhor @ Amit Banskhor v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66284 of 2024 Arising Out of PS. Case No.-274 Year-2024 Thana- RAMPUR District- Gaya ====================================================== Amit Kumar @ Amit Baskhor @ Amit Banskhor, aged about-20 years, male, S/O Late Chhotu Baskhor @ Late Chhotu Banskhor, R/o Mohalla- Gewal Bigha, P.S.- Rampur, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinod Kumar, Advocate For the Opposite Party/s :
Mr. Anil Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-10-2024 Heard Mr. Vinod Kumar, learned counsel appearing on behalf of the petitioner and Mr. Anil Kumar, learned APP for the State.
2. Petitioner seeks regular bail in connection with Rampur P.S. Case No. 274 of 2024 registered for offences punishable under Sections 341, 323, 354, 325, 307, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the allegation made in the FIR, all the accused persons named therein including the petitioner, had assaulted the informant and her family member by means of iron rod and had also fired upon the father of the informant from country-made pistol. Specific allegation against the petitioner is that he had outraged the modesty of the informant.
Patna High Court CR. MISC. No.66284 of 2024(2) dt.01-10-2024 2/3
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner. Injury sustained by the informant is simple in nature. Petitioner has clean antecedent and he is in custody since 16.06.2024. On these grounds, petitioner seeks to be released on bail.
5. Learned A.P.P., for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the nature of allegation made in the FIR against the petitioner, as well as, the period of custody undergone by the petitioner, who is in custody since 16.06.2024, the learned District Court is directed to release the petitioner, above named, on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya, in connection with Rampur P.S. Case No. 274 of 2024 subject to the following conditions:
(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(ii) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.66284 of 2024(2) dt.01-10-2024 3/3 properly represented on each and every date fixed by the Court. (iii) 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. (iv) 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 bond.
(v) The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T