Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4549 of 2019 Arising Out of PS. Case No.-391 Year-2018 Thana- NARPATGANJ District- Supaul ====================================================== Amit Kumar, aged 19 years (Male), Son of Bindeshwari Yadav, Resident of Village- Rajgaon, P.S.- Jadiya, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-01-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 19.07.2018 in a case registered for the offences punishable under Sections 399 and 402 of the IPC.

The prosecution case, as per the self statement of Sunil Kumar, S.I.-cum-S.H.O. of Narpatganj Police Station is to the effect that on 28.06.2018, during patrolling, a secret information was received by the informant that near D.S. petroleum dealership, sitauted at Nathpur, five miscreants are planning to commit dacoity, whereupon a raid was laid and five accused persons were found travelling on two motorcycles, out of which, four accused persons including the petitioner were apprehended and one accused persons managed to flee away from the scene.

Patna High Court Cr.Misc. No.4549 of 2019(2) dt.29-01-2019 2/2 It is further alleged that from the possession of the petitioner, two cartridges were recovered.

It is submitted by learned counsel for the petitioner that only on the basis of suspicion, the accusation has been levelled against the petitioner. It is further submitted that similarly situated co-accused persons have been granted bail by different Benches of this Court vide order dated 13.12.2018, passed in Cr. Misc. Nos. 74517, and vide order dated 17.12.2018, passed in Cr. Misc. Nos. 75505 and 75789 of 2018.

Learned APP submits that recovery has been made from the petitioner.

Considering the nature of recovery and period under custody, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Narpatganj P.S. Case No. 391 of 2018.

(Dinesh Kumar Singh, J) Amrendra/- U T