Amarendra Kumar Sharma @ Appu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6891 of 2019 Arising Out of PS. Case No.-539 Year-2018 Thana- AMARPUR District- Banka ====================================================== Amarendra Kumar Sharma @ Appu, aged 24 years (Male), son of Late Awadhesh Sharma, resident of Village-Govindpur, P.S.-Amarpur, District, Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Amarpur P.S. Case No. 539 of 2018 registered for the offence punishable under Sections 414/34 of the Indian Penal Code.

Informant is a Police Officer who has stated that on receiving a secret information that a person is going towards Kulharia on a stolen motorcycle, he made a trap and the petitioner was nabbed. On being asked, the petitioner told that one Pandav Choudhary had stolen the motorcycle and gave it to one Sachin Kumar Singh and the petitioner has taken the aforesaid stolen motorcycle from Sachin Kumar Singh. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on

Patna High Court Cr.Misc. No.6891 of 2019(2) dt.14-02-2019 2/2 suspicion and he has no knowledge that the seized motorcycle was stolen motorcycle. Petitioner has got no criminal antecedent and is in custody since 15.10.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 539 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T