Awadhesh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.26332 of 2015 (3) dt.05-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26332 of 2015 Arising Out of PS.Case No. -102 Year- 2014 Thana -AMAS District- GAYA ====================================================== AWADHESH KUMAR, SON OF RAGHUNANDAN PRASAD, RESIDENT OF VILLAGE BHUSBHUSIYA, P.S.

SHERGHATI, DISTRICT- GAYA.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Durgesh Nandan For the Opposite Party/s : Mr. S.Ehteshamuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-10-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Amas P.S. Case No. 102 of 2014 registered under Section 379 of the Indian Penal Code and later on Section 411 of the Indian Penal Code has been added.

Learned counsel for the petitioner submits that on the basis of written statement of informant, Ashish Kumar, F.I.R. was lodged against unknown regarding theft of his motorcycle but the name of petitioner has come in the confessional statement of coaccused, Amarjeet Kumar, as detailed in paragraph 40 of the case diary, showing the involvement of the petitioner in the present

Patna High Court Cr.Misc. No.26332 of 2015 (3) dt.05-10-2015 case. Later on, stolen motorcycle was recovered in front of the room of Amarjeet Kumart as detailed in paragraph 41 of the case diary. It is further submitted that petitioner is accused in five other case, but in all five cases, he is on bail and in the present case petitioner is in custody since 16.01.2015.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Sherghati, Gaya, in connection with Amas P.S. Case No. 102 of 2014. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T