Amar Khuswaha @ Amar Chandrabanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46252 of 2017 Arising Out of PS.Case No. -54 Year- 2015 Thana -DEO District- AURANGABAD ====================================================== Amar Khuswaha @ Amar Chandrabanshi, son of Chutur Mahto, resident of village Ramanujganj, P.S. Ramanujganj, Distt. Balrampur (Chatisgarh) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate. For the Opposite Party/s : Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner.

The petitioner seeks regular bail in connection with Deo P.S. Case No. 54 of 2015, registered for the offences punishable under Section 392 of the Indian Penal Code. The petitioner is not named in the First Information Report. It appears from the impugned order that the name of the petitioner has transpired in the confessional statement of coaccused Amarjeet Kumar. Submission of learned counsel for the petitioner is that except confessional statement, neither any recovery has been made from the possession of the petitioner nor any Test Identification Parade has been done in this case. It has been submitted that the petitioner has been made accused in five other cases on the basis of suspicion. It has further been submitted that

Patna High Court Cr.Misc. No.46252 of 2017 (2) dt.19-09-2017 2/3 another co-accused person namely, Arun Kumar @ Arun Kumar Sharma @ R.D.X (Barood), has been granted bail by a coordinate Bench of this Court vide order dated 24.11.2016 passed in Cr. Misc. 50770 of 2016.

Heard learned A.P.P. also.

Having heard both sides and in view of the fact that other accused persons has been granted bail by this Court, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Deo P.S. Case No. 54 of 2015, subject to the following conditions: (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move

Patna High Court Cr.Misc. No.46252 of 2017 (2) dt.19-09-2017 3/3 for cancellation of his bail.

(iii) The petitioner will appear in the police station of his area on 1st week of every month for a period of one year so that police may watch the conduct of the petitioner.

(Vinod Kumar Sinha, J) S.Ali/- U T