Amresh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18724 of 2020 Arising Out of PS. Case No.-304 Year-2019 Thana- JANDAHA District- Vaishali ====================================================== Amresh Kumar Singh Son of Late Saryug Singh Resident of Village - Khorampur, P.S.- Desri, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Shankar, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-06-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Jandaha P.S. Case No. 304 of 2019, registered for the offence punishable under Section 379 of the Indian Penal Code.

Allegation is of theft of coil of transformer by unknown persons.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Name of this petitioner has come in this case on the basis of confessional statement of co-accused Pintu Kumar Singh who was apprehended by the police. From possession of Pintu Kumar

Patna High Court CR. MISC. No.18724 of 2020(2) dt.03-06-2020 2/2 Singh one motorcycle, copper coil, wrench cutter etc. were recovered. Nothing has been recovered from possession of this petitioner. Petitioner is in custody since 10.01.2020. Considering the facts and circumstances of the case, the petitioner above-named, 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 the learned Sub-Divisional Judicial Magistrate, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 304 of 2019 subject to following conditions:- (i) The petitioner shall co-operate 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T