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Patna High CourtCR. MISC./878/2025bail granted

Amit Kumar @ Amit Kr. Rai @ Dayanand Ray @ Dayanad @ Amit Kumar Rai @ Amit Kumar @ Dayanand Ray v. The State Of Bihar

2025-04-10Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.878 of 2025 Arising Out of PS. Case No.-661 Year-2024 Thana- KATIHAR NAGAR District- Katihar ====================================================== Amit Kumar @ Amit Kr. Rai @ Dayanand Ray @ Dayanad @ Amit Kumar Rai @ Amit Kumar @ Dayanand Ray Son of Late Sadanand Rai Resident Of Village- Majhiandih Thanpur, PS- Jama, Distt.- Dumka (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-04-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Katihar Town (Sahayak) P.S. Case No. 661 of 2024 instituted for the offences under Sections 316(2), 319(2), 318(4), 338, 336(3), 340(2), 3(5) of the BNS.

3. Prosecution case, in short, is that the accused persons including the petitioner sold the land of the informant's maternal uncle on the basis of forged and fabricated sale deed.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No

Patna High Court CR. MISC. No.878 of 2025(3) dt.10-04-2025 2/3 specific overt act is alleged against the petitioner. Learned counsel further submitted that no any cogent material has come up against the petitioner during investigation. Learned counsel further submitted that no money has been transferred in the account of the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.09.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Katihar Town (Sahayak) P.S. Case No. 661 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.878 of 2025(3) dt.10-04-2025 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T