Amlesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 18872 of 2020 Arising Out of PS. Case No.-295 Year-2018 Thana- SHAMBHUGANJ District- Banka ====================================================== Amlesh Kumar Singh Son of Niranjan Singh Resident of Village-Bihama, P.S.-Tarapur, District-Munger (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

05-06-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. This relates to grant of bail in Shambhuganj P.S. Case No. 295 of 2018, registered for the offence under Sections 392, 323 of the Indian Penal Code.

The prosecution case, as per F.I.R., is that on 14-12-2018 at about 5:00 PM, while the informant was returning his home on motorcycle, two unknown persons wrapping their face with gamchha obstructed the informant and snatched his mobile and motorcycle and on protest, they assaulted the informant with iron rod on his head. It is submitted on behalf of petitioner that petitioner is not named in the F.I.R. Petitioner's name has come on confessional statement of co-accused Amit Kumar Singh,

Patna High Court CR. MISC. No.18872 of 2020(2) dt.05-06-2020 2/2 whereas, no incriminating article has been recovered from the possession of petitioner. Till date, no T.I.P. has been held. The petitioner is in custody since 28-01-2020.

Considering the aforesaid facts and circumstances, the bail application is allowed.

Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Banka in connection with Shambhuganj P.S. Case No. 295 of 2018 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".

(Prabhat Kumar Singh, J.) anay U T