Amit Kumar Singh @ Guddu Singh v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.55285 of 2018 (2) dt.06-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55285 of 2018 Arising Out of PS.Case No. -106 Year- 2016 Thana -COMPLAINT CASE District- JAMUI ====================================================== Amit Kumar Singh @ Guddu Singh S/o Balendra Singh, R/o Chauhandih, P.S.- Khaira, District- Jamui.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Prem Rawat S/o Late Sahdeo Rawat, R/o Bhor, P.S.- Khaira, DistrictJamui. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Satya Prakash Parasar, Adv. For the Opposite Parties : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 392 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Complaint Case No. 106C of 2016.

3. It is submitted that the petitioner has been falsely implicated and he has merely carried out his professional duty in securing the repossession of the vehicle of the complainant who was in default in making instalments. The authorization letter for repossession of Tata Motor Finance Limited has been enclosed with the bail petition (Annexure-2). The complaint has been filed after inordinate delay on 22.01.2016 for the alleged occurrence of 13.01.2016. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's

Patna High Court Cr.Misc. No.55285 of 2018 (2) dt.06-10-2018 arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Complaint Case No. 106C of 2016, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Md. Ibrarul/- U T