Amarjeet Kumar Sah @ Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76948 of 2023 Arising Out of PS. Case No.-201 Year-2023 Thana- BAKHARI District- Begusarai ====================================================== Amarjeet Kumar Sah @ Amarjeet Kumar Son Of Laddula Sah Resident Of Village - Makkhachak, Ps- Bakhari, Distt- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner :

Ms. Namita Sharma @ Ms. Namita Kumari, Adv.

Mr. Anshu Dhar Sharma, Adv.

For the State :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bakhri P.S. Case No. 201 of 2023 instituted for the offence under Section 392 of the Indian Penal Code and Section 25(1-b)a, 26 and 27 of the Arms Act.

3.

The informant was on way, when it is alleged that he was accosted by three unknown persons, who have taken away the amount of Rs. 1,35,000/- on gun point. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13-08-2023. Petitioner has no criminal antecedents.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.76948 of 2023(2) dt.04-12-2023 2/3 counsel that petitioner has been falsely implicated in the present case. Name of the petitioner has been surfaced due to confessional statement of co-accused namely, Sanjay Mukhiya. The amount to the tune of Rs. 20,000/- recovered from the possession of the petitioner is his savings. Co-accused, namely, Noor Alam has been granted bail by the Court below vide B.A. No. 1447 of 2023, dated 23-09-2023.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, nature of allegation and clean antecedent, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bakhri P.S. Case No. 201 of 2023 subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on

Patna High Court CR. MISC. No.76948 of 2023(2) dt.04-12-2023 3/3 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T