Amar Khuswaha v. The State Of Bihar

Patna High Court Cr.Misc. No.23333 of 2017 (3) dt.30-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23333 of 2017 Arising Out of PS.Case No. -4 Year- 2016 Thana -KUTUMBA District- AURANGABAD ====================================================== Amar Khuswaha Son of Chutur Mahto Resident of Village - Ramanuj Ganj, P.S. - Ramanuj Ganj District : Balrampur (Chhatisgarh). .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-06-2017 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner seeks bail in connection with Kutumba P.S. Case No. 4 of 2016 registered for the offence punishable under Section 394 of the Indian Penal Code.

Allegedly, when the informant with his friend were returning from motorcycle, three motorcycle borne criminals over took the motorcycle of the informant and after opening fire which hit on the left knee of the informant snatched Rs. 7,000/-, a mobile and the aforesaid bike of the informant and fled away. Submission is of false implication and that the petitioner is not named in the first information report, he is in custody since 01.01.2017 but he has not been put on test identification parade, nothing has been recovered from his conscious possession, his

Patna High Court Cr.Misc. No.23333 of 2017 (3) dt.30-06-2017 name has transpired in the confessional statement of co-accused Amarjeet Kumar and Vishnu Kumar, besides that there is no other material against the petitioner.

Learned APP submits that the petitioner has got criminal antecedent also.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. VII, Aurangabad in connection with Kutumba P.S. Case No. 04 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T