Aman Kumar @ Aman Kumar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77604 of 2024 Arising Out of PS. Case No.-25 Year-2024 Thana- CHAKIA District- East Champaran ====================================================== Aman Kumar @ Aman Kumar Giri, S/o Rakesh Giri, Resident of Village - Balmi Sirshiya, P.S. - Kalyanpur, District - East Champaran (Motihari) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhurendra Kumar, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-02-2025 Heard Mr. Madhurendu Kumar, learned counsel for the petitioner and Mr. Amitesh Kumar, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 397 & 302 of the I.P.C. and under Section 27 of the Arms Act.

3. The case of the prosecution is that informant is the Branch Manager in Chaitanya India Finance Credit Pvt. Ltd. On 23.01.2024 he received information that when his staff Rupesh Kumar was coming after collecting cash was shot dead by unknown miscreants.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.77604 of 2024(4) dt.25-02-2025 2/3 during course of investigation one Avinash Kumar was apprehended and he has given his confessional statement. In his confessional statement he has named this petitioner as his associate but he has not attributed any overt act in the occurrence of this case. The father of the informant has also given his confessional statement before the police. From perusal of his statement it transpires that he has also not named this petitioner. There is only confessional statement against this petitioner by Avinash Kumar who has only named him as his associate but has not attributed any overt act in this case. The petitioner is in judicial custody since 09.05.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail. He submits that the petitioner is having criminal antecedent of two cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chakia P.S. Case No. 25 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari.

Patna High Court CR. MISC. No.77604 of 2024(4) dt.25-02-2025 3/3

7. Accordingly, the present bail application stands allowed.

(Ashok Kumar Pandey, J) durgesh/- U T