Abhimanu Kumar @ Abhimanyu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38102 of 2018 Arising Out of PS. Case No.-222 Year-2018 Thana- CHAPRA TOWN District- Saran ====================================================== ABHIMANU KUMAR @ ABHIMANYU KUMAR, Son of Sri Dinesh Rai, Resident of Village- Chhota Telpa Police Kendra Chapra, Police StationChapra Town, District- Saran (Chapra). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Mr. Madhuranand Jha ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Chapra Town P.S. Case No. 222 of 2018 for offences punishable under Sections 414, 420, 467, 468, 471/34 of the Indian Penal Code. The prosecution case, as lodged by the police personnel, is that during vehicle checking the petitioner was apprehended in a motorcycle along with one another and did not produce any satisfactory document relating to the said motorcycle. On enquiry, it was found that the motorcycle belonged to one Pramod Kumar Tiwary. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.38102 of 2018(2) dt.06-07-2018 2/3 petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case, rather he was in his house from where he was arrested. He submits that due to high handedness of the police he is languishing in judicial custody since 28.04.2018. From the seizure list it appears that the motorcycle was recovered from Mauna Chowk and that the petitioner is ready to co-operate in the investigation and not to tamper with the prosecution evidence.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chapra, District-Saran, in connection with Chapra Town P.S. Case No. 222 of 2018, subject to the following conditions :

(i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(ii) If the petitioner indulges in an offence of similar

Patna High Court Cr.Misc. No.38102 of 2018(2) dt.06-07-2018 3/3 nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/Pragya U T