Akshay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14217 of 2016 Arising Out of P.S. Case No. -58 Year- 2015 Thana -KUTUMBA District- AURANGABAD ====================================================== Akshay Kumar Singh S/o Pramod Singh resident of Village - Tamshi, P.S. - Kutumba, District - Aurangabad.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Anant Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-04-2016 Heard both sides.

The petitioner apprehends his arrest in a case under Section 392 of the Indian Penal Code.

The petitioner is not named in the F.I.R. The name of the petitioner figured in the confessional statement of Abhitabh Kumar @ Abhitabh Singh, from whose possession, one LAVA mobile is said to have been recovered. It is submitted that the said mobile was not a looted one. Amitabh Kujmar @ Abhitabh Kumar @ Abhitabh Singh has already been enlarged on regular bail. It is also submitted that the grand-father of the petitioner had filed a complaint case against R.K. Tiwari, S.H.O. of Kutumba Police Station, and other police officials in the year 1997 but the police officials did not appear and, that is why, the name of the petitioner has been implicated in the case only to put pressure so that the

Patna High Court Cr.Misc. No.14217 of 2016 (2) dt.20-04-2016 2/2 case may be compromised. The petitioner has got no criminal antecedent.

Considering the fact that save and except the name of the petitioner figured in the confessional statement of a coaccused, there appears no cogent material against the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, 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 Sri Sanjeev Kumar, Judicial Magistrate, 1st Class, Aurangabad in Kutumba P.S. Case No. 58/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Dilip/- U T