Patna High CourtCR. MISC./69525/2024bail granted

Amit Kumar @ Chhotu v. The State Of Bihar

2024-10-05Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69525 of 2024 Arising Out of PS. Case No.-253 Year-2023 Thana- BIBHUTIPUR District- Samastipur ====================================================== Amit Kumar @ Chhotu S/o- Ram Sagun Mahto village - Malpur Khatai Tole , Police Station - Dalsinghsarai , District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap For the Opposite Party/s :

Mrs. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-10-2024 Heard the learned counsel for the petitioner and the learned APP for the State.

2. This is the 2nd attempt of the petitioner. Earlier the bail application of the petitioner was rejected vide order dated 17.10.2023 passed in Cr. Misc. No. 67078 of 2023.

3. The petitioner seeks regular bail in a case registered for the offence under Sections 399, 402 of the Indian Penal Code read with Section 25(1-B)a, 26, 35 of the Arms Act.

4. As per the prosecution case, the petitioner has been caught with other criminals while planning for committing a loot.

5. Learned counsel for the petitioner has submitted that there is no progress in the trial. Petitioner is innocent and has not committed any crime. Petitioner is in jail since

Patna High Court CR. MISC. No.69525 of 2024(2) dt.05-10-2024 2/2 15.07.2023.

6. Learned APP for the State has vehemently opposed the prayer for bail.

7. Considering the facts and circumstances of the case, this application is allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-II, Rosera, Samastipur/concerned Court below in connection with Bibhutipur P.S. Case No. 253 of 2023 subject to condition that:- (i). The petitioner will mark his attendance at the Dalsinghsarai Police Station on the first Sunday of each month.

Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

9. This application stands allowed.

(Sandeep Kumar, J) Shishir/- U T