Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90081 of 2024 Arising Out of PS. Case No.-939 Year-2023 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Aman Kumar Son of Raju Sahani Resident of Mohalla - Balughat, Jangali Mai Asthan, Ward No.17, P.S. - Town, District - Muzaffarpur (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar For the Opposite Party/s :

Ms. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Muzaffarpur Town P.S. Case No. 939/2023 registered for the offences punishable under Sections 341, 323, 324, 307, 379/34 of the Indian Penal Code.

3. As per prosecution case, petitioner is said to have attacked the informant's neck by means of blade as a result of which informant sustained injury and he became senseless.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner is languishing in custody since 19.09.2024 and bears no criminal antecedent. No incriminating article has

Patna High Court CR. MISC. No.90081 of 2024(2) dt.10-01-2025 2/3 been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner orally submits that charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence. Injury of the informant is found to be simple in nature as contained in Annexure-3 of this petition.

5. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, period of custody and keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Muzaffarpur in connection with Muzaffarpur Town P.S. Case No. 939/2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates

Patna High Court CR. MISC. No.90081 of 2024(2) dt.10-01-2025 3/3 without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (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.

(Alok Kumar Pandey, J) amitkumar/- U T