Amarjeet Kumar Rai @ Amarjeet Rai @ Amarjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78043 of 2023 Arising Out of PS. Case No.-15 Year-2022 Thana- BANGARA District- Samastipur ====================================================== AMARJEET KUMAR RAI @ AMARJEET RAI @ AMARJEET KUMAR S/O RAMESH RAI @ RAMESH KUMAR YADAV R/O VILLAGEBHANPUR BAREBA, P.S- GORAUL, DISTT.- VAISHALI. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shanti Bhushan Singh, Adv.
For the Opposite Party/s :
Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 04-12-2023 Heard the learned Advocate for the petitioner and the learned Additional Public Prosecutor for the State.
2. The instant Criminal Miscellaneous Application arises out of the F.I.R., bearing Bangara P.S. Case No. 15 of 2022, Sessions Trial No. 240 of 2023, dated 12.02.2022, instituted for the offences punishable under Sections 399, 402, 467, 468, 414 of the Indian Penal Code and Section 25 (1-B)a, 26, 35 of the Arms Act.
3. The petitioner was arrested on 25.07.2022 in connection with Bangara P.S. Case No. 15 of 2022 on the basis of statement of co-accused subsequent to the incident. He was not arrested from the spot. No incriminating material was recovered from the accused. The co-accused persons, upon whose statement the petitioner was arrested, have already been granted bail by the Coordinate Bench of this Court vide Cr. Misc. No. 42724 of 2023,
Patna High Court CR. MISC. No.78043 of 2023(2) dt.04-12-2023 2/2 dated 21.07.2023, Cr. Misc. No. 43343 of 2023, dated 24.07.2023 and Cr. Misc. No. 41878 of 2023, dated 14.07.2023.
4. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.
5. In view of such circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each, one of whom must be a local surety having landed property, to the satisfaction of the learned Additional District & Sessions Judge-IX, Samastipur in connection with Bangara P.S. Case No. 15 of 2022, Sessions Trial No. 240 of 2023, with further condition that he must comply the conditions, namely, he would not persuade or threaten the witnesses and would be present in the Court below during trial on all dates.
Failure on the part of the petitioner to comply with any of the above directions will entail the learned court below to cancel the bail without any further order.
(Bibek Chaudhuri, J) pravinkumar/- U T