Amardeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8239 of 2020 Arising Out of PS. Case No.-1019 Year-2019 Thana- MADHEPURA District- Madhepura ====================================================== Amardeep Kumar S/o Nathuni Sah R/o Mohalla- Gulzarbag, Ward No. 20, Madhepura, P.S.- Madhepura, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar, Advocate For the Opposite Party/s :

Mr.Aditya Narayan Singh-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-06-2020 Heard learned counsel for the petitioner and learned counsel for the State through virtual court proceeding. In the present case, the petitioner is seeking bail in connection with Madhepura P.S. Case No. 1019 of 2019 registered for the offence punishable under Sections 395, 397, 323, 325, 307 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation in the FIR has been made that huge quantity of ornaments kept in the shop of the informant have been looted by six unknown criminals and on the confessional statement of the petitioner, recovery has been made from his Sasural, but counsel for the petitioner submits that all recovered ornaments belonged to the people of his Sasural and receipts of the ornaments has been produced before the court below and the

Patna High Court CR. MISC. No.8239 of 2020(3) dt.02-06-2020 2/2 police. He further submits that the petitioner has not been put on TIP till date and also seized materials has not been identified by the informant. With respect to the location of mobile tower, he submits that the petitioner is also resident of that area and he has common mobile tower of the shop as well as of the petitioner though he has been identified in the mobile tower. He also submits that the petitioner is in judicial custody since 16.12.2019 having no criminal antecedent.

Considering the facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on his personal bond due to the circumstance of total lock down on account of pandemic Covid-19 to the satisfaction of Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 1019 of 2019 with condition that whenever the police will call the petitioner for the purposes of investigation and interrogation, he will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.

(Shivaji Pandey, J) V.K.Pandey/- U T