Amit Kumar@ Amit Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.631 of 2024 Arising Out of PS. Case No.-42 Year-2023 Thana- BALUA BAZAR District- Supaul ====================================================== Amit Kumar @ Amit Kumar Yadav, S/O Uday Chand Yadav, r/o Tulsipatti, P.S.- Baluwa Bazar, District-Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Baluwa Bazar P.S. Case No. 42 of 2023 for the offence registered under Section 392 of the Indian Penal Code.

3. As per the prosecution case, on the date of occurrence while informant was going to Supaul after loading provisional goods in Bolero Max pick-up van, on the way four miscreants on two motorcycles intercepted him and on the point of gun snatched the pick-up van and mobile phone.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the petitioner. No T.I.P. has been conducted in this case. Petitioner has no criminal

Patna High Court CR. MISC. No.631 of 2024(2) dt.24-01-2024 2/2 antecedent. He is in custody since 03.08.2023. It is further submitted that similarly situated co-accused persons, namely, Md. Shamsad and Rustam @ Rustam Ali have already been granted bail by a Co-ordinate Bench of this Court, vide order dated 15.01.2024 passed in Cr. Misc. No. 85620 of 2023 and order dated 06.11.2023 passed in Cr. Misc. No. 70454 of 2023. Charge-sheet has already been submitted in this case. There is no chance of absconding of the petitioner or tampering with the evidence.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Baluwa Bazar P.S. Case No. 42 of 2023. (Sunil Dutta Mishra, J) rakhi/- U T