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Patna High CourtCR. MISC./71955/2019bail granted

Abhishek @ Abhishek Kumar @ Ajit Kumar @ Ajeet Kumar v. The State Of Bihar

2019-12-04Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71955 of 2019 Arising Out of PS. Case No.-86 Year-2018 Thana- AMBA District- Aurangabad ====================================================== Abhishek @ Abhishek Kumar @ Ajit Kumar @ Ajeet Kumar, Son of Late Dukhan Mahto, Resident of Village-Mansa Bigha, P.S-Tandwa, DistrictAurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Pandey For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner in the present case is seeking regular bail in connection with Trial No.1036 of 2019 arising out of Amba P.S. Case No.86 of 2018 registered for the offence punishable under Section 379 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case merely on suspicion. Learned counsel submits that looted money has not been recovered from the possession of the petitioner and no T.I. Parade has been conducted till now. Learned APP has opposed the prayer for bail.

Considering the facts and circumstances of the case

Patna High Court CR. MISC. No.71955 of 2019(2) dt.04-12-2019 2/3 wherein the submission of learned counsel for the petitioner is that he is not named in the FIR and nothing incriminating has been recovered from his possession and despite the fact that the petitioner was brought in this case on remand on 23.08.2019, but no T.I. Parade was conducted and the charge-sheet has already been filed, petitioner having remained in custody in connection with this case for more than three months and in other cases he is said to be on bail subject to the verification by the learned court below, let the petitioner above named be released on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate in connection with Trial No.1036 of 2019 arising out of Amba P.S. Case No.86 of 2018, subject to the condition as laid down under Section 437

(3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person

Patna High Court CR. MISC. No.71955 of 2019(2) dt.04-12-2019 3/3 acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) arvind/- U T