Amarjeet Kumar Rai @ Amarjeet Rai @ Amarjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10041 of 2024 Arising Out of PS. Case No.-54 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== Amarjeet Kumar Rai @ Amarjeet Rai @ Amarjeet Kumar son of Ramesh Rai @ Ramesh Kumar Yadav Resident of village Bhanpur Bareba Ps GOraul district- vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shanti Bhushan Singh, Advocate For the Opposite Party/s :
Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-04-2024 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. 133 of 2023 (arising out of Tajpur P.S. Case No. 54 of 2022) dated 10.02.2022 registered for the offences punishable u/ss 398 and 307 of the Indian Penal Code and Section 27 of the Arms Act. 3.
As per the prosecution case, five miscreants boarded on two motorcycles came into the shop of the informant and threatened to give all money from the galla of the shop on the gun point. Thereafter, the informant picked up a key from the counter and tried to open the galla of the shop, in the meantime, the informant's brother started shouting
Patna High Court CR. MISC. No.10041 of 2024(3) dt.19-04-2024 2/3 and after seeing that police were gathering near the shop of the informant then all the miscreants fired and fled away from the spot.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Umesh Rai. The other co-accused persons have already been granted bail by this Court vide order dated 08.08.2023 passed in Cr. Misc. No. 48325 of 2023. The petitioner is accused in seven other criminal cases as stated in para 3 of the bail petition. The petitioner is remanded in this case on 11.04.2022.
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 abovenamed, 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, Samastipur in connection with S. T. No. 133 of 2023
Patna High Court CR. MISC. No.10041 of 2024(3) dt.19-04-2024 3/3 (arising out of Tajpur P.S. Case No. 54 of 2022), with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T