Amit Kumar Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27828 of 2024

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Arising Out of PS. Case No.-396 Year-2023 Thana- KALYANPUR District- East Champaran

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Amit Kumar S/o Jay Shankar Patel @ Jayshankar Raut R/o vill and P.s. - Kalyanpur, Distt. - East Champaran, Motihari

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP

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======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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2 07-05-2024 Heard Mr. Sharda Nand Mishra, learned counsel for

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the petitioner and Mr. Syed Mojibur Rahman, learned Additional Public Prosecutor for the State.

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The petitioner is apprehending his arrest in connection with Kalyanpur P.S. Case No. 396 of 2023, F.I.R. dated 09.11.2023 for the offences punishable under Sections 414, 467, 468, 471/34 of the Indian Penal Code.

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According to prosecution case, all the F.I.R named accused persons including this petitioner are indulged in committing theft of motorcycle and then sold them. It is further alleged that two motorcycles have been recovered from the house of the co-accused person.

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Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been

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Patna High Court CR. MISC. No.27828 of 2024(2) dt.07-05-2024 2/3

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implicated in the present case on the basis of disclosure made by co-accused, namely, Naveen Chaubey @ Saheb Chaubey. He further submits that except the disclosure made by the coaccused, no other material has come during investigation to suggest the involvement of the petitioner in the present occurrence and the petitioner has no concern at all with the alleged recovery or the co-accused person.

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The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

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Considering the aforesaid facts and circumstances that the petitioner has clean antecedent and the name of the petitioner has been transpired on the basis of the disclosure made by the co-accused person, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Kalyanpur P.S. Case No. 396 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:-

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Patna High Court CR. MISC. No.27828 of 2024(2) dt.07-05-2024 3/3

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i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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ii. 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.

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iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

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Vanisha/-

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U T

Amit Kumar v. The State of Bihar

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Amit Kumar v. The State of Bihar

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