← Library
Patna High CourtCR. MISC./63148/2022bail granted

Amarjeet Kumar v. The State Of Bihar

2023-04-12Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63148 of 2022 Arising Out of PS. Case No.-699 Year-2022 Thana- JAHANABAD District- Jehanabad ====================================================== Amarjeet Kumar, Son of Sanjay Ram, R/V- Majidpur, P.S- Kinjar, Dist- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivendra Prasad, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

In the present case, the petitioner seeks bail in connection with Jehanabad P.S. Case No. 669 of 2022 registered for the alleged offences under Sections 457 and 380 of the Indian Penal Code.

As per prosecution case, the informant found lock of his house broken in the night when he returned from the market. When he entered into his house, he found the petitioner and the co-accused inside his house. Petitioner was apprehended and the other co-accused fled away from the spot. The informant found gold ornaments and Rs. 40,000/- in cash missing from his almirah.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.63148 of 2022(2) dt.12-04-2023 2/3 petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the possession of this petitioner. The petitioner was apprehended while he was passing through the lane of the informant and some altercation took place between them and on alarm being raised, the petitioner was apprehended by the people of the locality, who assaulted the petitioner very badly and handed him over to the police. The petitioner is in custody since 25.07.2022 and charge-sheet has been submitted.

Learned APP opposes the prayer for bail submitting that petitioner is having criminal antecedent of similar nature. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. Case No. 699 of 2022, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of

Patna High Court CR. MISC. No.63148 of 2022(2) dt.12-04-2023 3/3 the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T