Amit Bhushan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51691 of 2018 Arising Out of PS.Case No. -96 Year- 2018 Thana -PATAHI District- EASTCHAMPARAN (MOTIHARI) ====================================================== Amit Bhushan S/o Radhe Shyam Singh, R/o Vill.- Jihuli, P.S.- Patahi, District- East Champaran, Motihari.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-10-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.
Petitioner seeks bail in Patahi P.S. Case No. 96/2018, registered for the offences punishable under Sections 399, 402, 414, 465, 467, 468, 471 and 120(B) of the Indian Penal Code and sections 25(1-b), 26 and 35 of the Arms Act.
On secret information, informant raided the place of occurrence. On seeing police party 08 to 09 accused persons tried to flee away. On chase, five persons were apprehended with three motorcycles who disclosed their names, as Jitendra Kumar Sahani, Rahul @ Amjad Hussain, Santosh Mahto, Afroz and Meraj Ansari. Arms and ammunitions were recovered from their possession.
Patna High Court Cr.Misc. No.51691 of 2018 (2) dt.04-10-2018 2/3 It has been submitted that name of petitioner has surfaced in this case during investigation on disclosure made by spy on the basis of suspicion. Save and except suspicion there is no incriminating material found against the petitioner. Other coaccused have been granted bail by different benches of this court vide order dated 06.08.2018 passed in Cr. Misc. 48063/2018, order dated 25.09.2018 passed in Cr. Misc. 49746/2018 and order dated 25.09.2018 passed in Cr. Misc. 48899/2018. Petitioner is in custody since 05.06.2018.
Considering the facts aforesaid, the petitioner abovenamed, 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 Additional Chief Judicial Magistrate VIII, Motihari, East Champaran in connection with Patahi P.S. Case No. 96/2018, subject to the 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 present on each and every date fixed by the court and his absence on two
Patna High Court Cr.Misc. No.51691 of 2018 (2) dt.04-10-2018 3/3 consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.
(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Vinita/- U T