Amresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50133 of 2016 Arising Out of PS.Case No. -170 Year- 2016 Thana -BHAGWANPUR District- BEGUSARAI ====================================================== Amresh Kumar Son of Sonelal Sahni Resident of Village- Atarua, P.S. Bhagwanpur (Tiyay), District Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-11-2016 Heard the learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 01.08.2016 in connection with Bhagwanpur P.S.Case No.170 of 2016 for offences alleged under Sections 457, 380 and 511 of the IPC.

The prosecution case is that the informant on 01.08.2016 in the night was sleeping along with his family members. At 1 P.M. in the night he and his son Rajesh Kumar heard sound and raised alarm. The family members of the informant and nearby people also awoke and caught the person who was trying to flee from there. The apprehended person disclosed his name Amresh Kumar and the name of his associate as Ankit Paswan. The apprehended person also sustained injury. It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.50133 of 2016 (2) dt.23-11-2016 2/2 petitioner that he is innocent and has falsely been implicated in the aforesaid case. He further submits that chargesheet has already been submitted against the petitioner on 28.09.2016. However, learned APP for the State submits that the petitioner is named in the FIR, hence opposes the prayer for bail. From perusal of material available on record, does not reveal that the petitioner's liberty on bail would adversely effect his trial. Under such circumstances, 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 the learned CJM, Begusarai in connection with Bhagwanpur P.S.Case No.170 of 2016.

This direction for bail is further subject to the condition that the petitioner will not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed. In terms of the above observations and directions, this bail application stands allowed.

(Nilu Agrawal, J) B.Kr./- U T