Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4861 of 2020 Arising Out of PS. Case No.-385 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== AMIT KUMAR Son of Om Prakash Singh @ Pranav Prakash Resident of Village - Goin (Usri), P.S.- Mahendia, Dist.- Arwal (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uma Shankar Sharma For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-03-2020 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Section 379 of the IPC and Section 27 of the Arms Act.

The prosecution case as per the Fardbeyan of Mukesh Kumar recorded by SI Anil Choudhary of Town Police Station, Jehanabad is to the effect that on 23.5.2019 at 9.50 P.M., the informant was going on a motorcycle and as soon as he reached near the house of Dilip Sharma, four-five unknown persons surrounded the informant and snatched gold chain of the informant. When the informant tried to chase the miscreants, they fired, as a result of which the informant received injury on his left finger. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.4861 of 2020(2) dt.02-03-2020 2/3 that the FIR was registered against unknown but name of the petitioner sprang up on the confessional statement of co-accused Saurabh Kumar alias Monu alias Sanjiv Kumar. It is further submitted that there is no recovery from the possession of the petitioner. Though the petitioner is accused in one another case but he is on bail in that case. Similarly situated co-accused Kundan Kumar alias Fighter has been granted bail vide order dated 10.12.2019 passed in Cr. Misc. No. 80790 of 2019 by a Co-ordinate Bench of this Court.

Learned APP submits that the name of the petitioner surfaced in the confessional statement of co-accused. Considering the fact that the name of the petitioner surfaced in the confessional statement of co-accused, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ADJ V, Jehanabad, in connection with Jehanabad P.S. Case No. 385 of 2019 subject to the conditions laid down in Section 438(2) of the Cr.P.C. The learned Court below will be at liberty to

Patna High Court CR. MISC. No.4861 of 2020(2) dt.02-03-2020 3/3 cancel the bail bonds of the petitioner in case he defaults on three consecutive occasions during trial.

(Dinesh Kumar Singh, J) anil/- U