Patna High Court - Orders
Aman Kumar @ Abhishek Kumar vs The State Of Bihar on 6 April, 2022
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58000 of 2021
Arising Out of PS. Case No.-258 Year-2020 Thana- JOGBANI District- Araria
======================================================
AMAN KUMAR @ ABHISHEK KUMAR Son of Naveen Kumar Das
Resident of Ward No.- 10, Village - Khairkhan, P.S.- Forbesganj, District -
Araria.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar Sharma
For the Opposite Party/s : Mr.Nirmala Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 06-04-2022Let the defects, if any, be removed within four weeks from today.
Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner seeks bail in a case registered in connection with Jogbani P.S.Case No. 258 of 2020 for the offences punishable under Sections 392 of the Indian Penal Code.
As per the prosecution case, it is alleged that on the alleged date of occurrence, while the informant Manager of Bharat Financial Inclusion Limited was returning, two persons intercepted and cash of Rs, 2,14,263/ and a mobile phone was looted from him.
Learned counsel for the petitioner submits that F.I.R Patna High Court CR. MISC. No.58000 of 2021(2) dt.06-04-2022 2/3 has been instituted against unknown persons. The name of petitioner transpired on the confessional statement of co- accused Shivam Chourasia, who was arrested by the police on 04.07.2021, after lapse of five months from the date of occurrence. It is next submitted that except the confessional statement, there is no material, which has come during course of investigation for justifying the complicity of this petitioner. It is next submitted that petitioner was remanded in the present case from Farbesganj P.S.Case No. 189 of 2021 and except these two cases, the petitioner has got no other criminal antecedent and he is in custody since 12.07.2021 but up till now petitioner has not been put on T.I.P. The learned A.P.P opposed the prayer for bail of the petitioner.
Having heard the rival contentions of the parties and taking into consideration the fact that, the name of petitioner has transpired on confessional statement of co-accuse and till date no TIP has been done, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Araria in connection with Jogbani P.S.Case No. 258 of 2020, Patna High Court CR. MISC. No.58000 of 2021(2) dt.06-04-2022 3/3 subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:-
(i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial.
(iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(Harish Kumar, J) N.K/-
U T