Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83352 of 2024 Arising Out of PS. Case No.-77 Year-2022 Thana- JADIA District- Supaul ====================================================== Amit Kumar Son of Bindeshwari Yadav Resident of Village- Rajgoan, Ward No. 06, P.S.- Jadia, Distt.- Supaul ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhumala Kumari For the Opposite Party/s :
Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with S.T. No. 271 of 2023 arising out of Jadiya P.S. Case No. 77 of 2022 dated 24.3.2022 registered for the offences punishable u/s 406, 420, 413, 379, 120B read with section 34 of the Indian Penal Code.
3. As per the prosecution case, the informant along with his two friends went to Jadia for purchasing a golden biscuit. After reaching there, the informant gave Rs. 2,10,000/- to the co-accused Shaymsunder Kumar Yadav in order to purchase the golden biscuit. Further, the co-accused Shaymsunder Kumar Yadav took out Rs. 3,000/- from the
Patna High Court CR. MISC. No.83352 of 2024(2) dt.04-12-2024 2/3 pocket of the informant and the co-accused Vivek Kumar looted three mobiles from the possession of the informant and his friends.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has transpired in the confessional statement of the co-accused Shyamsunder Kumar Yadav. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is accused in four other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 14.9.2022. Similarly situated co-accused has already been granted regular bail by this court vide order dated 12.10.2023 passed in Cr. Misc No. 65029 of 2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Supaul in connection with S.T. No. 271 of
Patna High Court CR. MISC. No.83352 of 2024(2) dt.04-12-2024 3/3 2023 arising out of Jadiya P.S. Case No. 77 of 2022.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T