Patna High CourtCR. MISC./18759/2017bail granted

Amit Kumar v. The State Of Bihar

2017-04-26Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18759 of 2017 Arising Out of PS.Case No. -382 Year- 2016 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Amit Kumar, S/o Umesh Singh, R/o Village- Bishanpur, P.S.- Barauni (Chakia), Dist- Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-04-2017 Heard both sides.

The petitioner seeks bail in Barauni (Chakia) P.S. case No. 382 of 2016 under Section 115, 353, 307, 341 of the Indian Penal Code and under Section 25 (1-b) a, 26, 27 and 35 of the Arms Act.

The police apprehended Ajit Singh @ Shutar and Bihari Mishra and from their possession huge quantity of arms and ammunition were recovered. The apprehended accused persons disclosed the names of Rupesh @ Bhulla, Pappu @ Chhipia and Amit Kumar, the petitioner, and stated that they had assembled to kill Manish Singh @ Kana.

The learned counsel for the petitioner submits that nothing has been recovered from the possession of the petitioner

Patna High Court Cr.Misc. No.18759 of 2017 (2) dt.26-04-2017 2/2 and name of the petitioner figured in the case in the confessional statement of apprehended accused. Although the petitioner is accused in Barauni (Chakia) P. S. case No. 369 of 2016 registered under Section 302/34 of the IPC but no other criminal case is pending against him. The petitioner is in jail since 17.11.2016. The petitioner has already remained in jail for more than five months.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in Barauni (Chakia) P.S. Case No. 382 of 2016. (Prabhat Kumar Jha, J) BKS/- U T