Amar Pratap Singh @ Pratap Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11694 of 2019 Arising Out of PS. Case No.-124 Year-2017 Thana- KHUSRUPUR District- Patna ====================================================== Amar Pratap Singh @ Pratap Singh Son Of Shri Indrajeet Singh Resident Of Village - Rasalpur Chamera, P.S.- Ekangarsarai, District - Nalanda ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deepak Kumar Singh For the Opposite Party/s :
Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-04-2019 Heard learned counsel for the parties.
Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 395 of the Indian Penal Code.
Informant in his written complaint has stated that six unknown miscreants overpowered his pick-up van and after tying his hand and legs threw him in a maize field and took his pick-up van.
It has been submitted on behalf of petitioner that the name of petitioner has surfaced in this case on the basis of confessional statement of a co-accused. Nothing has been recovered from the possession of the petitioner. Petitioner has
Patna High Court CR. MISC. No.11694 of 2019(2) dt.05-04-2019 2/3 been remanded in this case on 10.08.2018 and since then he is in custody. Till date no TIP has been conducted. Similarly, situated co-accused person has been granted bail by a co-ordinate bench of this Court vide order dated 05.10.2018 in Criminal Miscellaneous No. 51695 of 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 court below where the case is pending, in connection with Khusrupur P.S. Case No. 124 of 2017, 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/her absence on two consecutive dates without sufficient reason, his/her 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,
Patna High Court CR. MISC. No.11694 of 2019(2) dt.05-04-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) ranjan/- U