Amrendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15058 of 2018 Arising Out of PS.Case No. -105 Year- 2017 Thana -SAHAR District- BHOJPUR ======================================================

1. Amrendra Kumar Singh Son of Sanjay Singh Resident of VillageBajaruha, P.S. Udwant Nagar, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Sahar P.S. Case No. 105/2017 for offences punishable under Section 379 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that he had parked his tractor outside the house but he found his tractor stolen.

It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information Report and his name surfaced on the confessional statement of co-accused Mirtunjay Kumar Singh and Santosh Kumar Singh before the police, which

Patna High Court Cr.Misc. No.15058 of 2018 (2) dt.16-03-2018 2/3 has no evidentiary value in the eye of law. He submits that just because he has a criminal antecedent, he has been roped in the present case, charge-sheet has already been submitted and he is languishing in judicial custody since 01.12.2017.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent and as many as two more cases of similar nature are pending against him.

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Addl. Chief Judicial Magistrate, Bhojpur at Ara, in connection with Sahar P.S. Case No. 105 of 2017, 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

Patna High Court Cr.Misc. No.15058 of 2018 (2) dt.16-03-2018 3/3 to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T