Amit Raj Soni @ Amit Swarnkar @ Raja @ Amit Raz Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9731 of 2019 Arising Out of PS. Case No.-935 Year-2018 Thana- FORBESGANJ District- Araria ====================================================== Amit Raj Soni @ Amit Swarnkar @ Raja @ Amit Raz Soni, male aged about 29 years, Son of Gulab Swarnkar, Resident of Village - Murliganj Ward No. 10, P.S.- Murliganj, District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhijeet Gautam For the Opposite Party/s :

Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-02-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 07.12.2018 in a case registered for the offences punishable under Sections 379/34 of the Indian Penal Code. The prosecution case as per the written report of Sohan Lal Mahata submitted to SHO, Forbesganj Police Station is to the effect that on 04.12.2018 at about 7.00 P.M., two persons came in the jewellery shop of the informant and started selecting jewellery, but in the meantime, they took

Patna High Court Cr.Misc. No.9731 of 2019(2) dt.19-02-2019 2/3 away the jewellery worth Rs.2,88,880/-, subsequently the petitioner used to give threat to the informant not to lodge a case against him, though the FIR was registered against two unknown persons. The name of the petitioner sprang up during investigation.

It is submitted by learned counsel for the petitioner that there is no eye witness to the occurrence nor the petitioner has been put on T.I. parade till date. A statement has been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the name of the petitioner sprang up during investigation and he also gave threat to the informant through his mobile phone. Considering the fact that the impugned order passed after going through case diary but it does not suggest any recovery made from the possession of the petitioner nor he has been put on T.I. parade till date, coupled with statement made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Araria in connection with

Patna High Court Cr.Misc. No.9731 of 2019(2) dt.19-02-2019 3/3 Forbesganj P.S. Case No.935 of 2018.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T