Sachin Kumar Singh @ Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9599 of 2019 Arising Out of PS. Case No.-539 Year-2018 Thana- AMARPUR District- Banka ====================================================== SACHIN KUMAR SINGH @ SACHIN KUMAR, Male, aged about 25 years, Son of Badri Narayan Singh @ Badri Narayan, Resident of VillageGovindpur, P.S.- Amarpur, District- Banka ... Petitioner

Versus

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

For the Petitioner :

Mr. Praveen Kumar, Adv.

For the Opposite Party :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 2 19-02-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner is languishing in judicial custody since 05.11.2018 in connection with Amarpur P.S. Case No. 539 of 2018 for the offence alleged under Section 414/34 of the Indian Penal Code. The prosecution case, as lodged by the police personnel, is that on secret information that a person is coming on a stolen motorcycle, they laid a trap and apprehended one Amrendra Kumar Sharma @ Appu who confessed the motorcycle was a stolen one and was given to him by the petitioner who had received the said stolen motorcycle from one Pandav Choudhary. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, he was not apprehended with the stolen motorcycle and his extra judicial confessional statement before the police is under coercion and has no evidentiary value in the eye of law. He, further, submits that charge sheet has already been submitted, there being no allegation of tampering with the

Patna High Court Cr.Misc. No.9599 of 2019(2) dt.19-02-2019 2/2 prosecution witnesses.

However, the learned Additional Public Prosecutor for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent and one more case is pending against him although under different offence. Considering the nature of allegation and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Amarpur P.S. Case No. 539 of 2018 to the satisfaction of Sri Vikash Kumar, Judicial Magistrate, 1st Class, Banka, subject to the following conditions : (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (ii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Shamshad/- U T