Amardeep Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69375 of 2022 Arising Out of PS. Case No.-142 Year-2022 Thana- BASANHI District- Saharsa ====================================================== AMARDEEP MEHTA Son of Shashidhar Mehta R/v- Pirnagar, Ward No. 7, P.S.- Gwalpara, District- Madhepura ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 356, 379 and 504/34 of the Indian Penal Code.

According to prosecution case, the informant has alleged that while he was returning after collection of money three unknown persons riding on a motorcycle started abusing and beating him and snatched Rs. 56,200/- along with one mobile phone from his pocket.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that petitioner was not named in the F.I.R and his name has transpired on the

Patna High Court CR. MISC. No.69375 of 2022(2) dt.28-03-2023 2/3 basis of confessional statement in the course of investigation by one co-accused, namely, Daulat Kumar. He further submits that nothing has recovered from his conscious possession or from the house of the petitioner and except the confessional statement given by the co-accused, no other cogent material has come against the petitioner and till date no T.I.P has been conducted. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 25.08.2022.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, 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 Court below where the case is pending in connection with Basnahi P.S. Case No. 142 of 2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail

Patna High Court CR. MISC. No.69375 of 2022(2) dt.28-03-2023 3/3 bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. 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 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.

(Rajesh Kumar Verma, J) Alok Verma/- U T