Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.857 of 2017 Arising Out of PS.Case No. -11 Year- 2016 Thana -MUFFASIL District- AURANGABAD ====================================================== Amarjeet Kumar S/o Devi Lal Yadav R/o Village-Dhema, P.S.-Hariharganj, District-Palamu (Jharkhand) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dimpal Kumari, Adv. For the Opposite Party/s : Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-02-2017 Heard learned counsel for the petitioner and counsel for the State.

It has been submitted on behalf of the petitioner that the petitioner is not named in the First Information Report, later on the name of the petitioner transpired in the confessional statement of the co-accused, no recovery has been made from the petitioner, not identified in the Test Identification Parade and the petitioner is in judicial custody since 30.06.2016.

Learned counsel for the State has not controverted the aforesaid fact. However, he has submitted that from paragraph no.3 of this petition, it appears that there are the large numbers of criminal cases against the petitioner.

Having heard both sides, no doubt it appears that

Patna High Court Cr.Misc. No.857 of 2017 (2) dt.02-02-2017 there are altogether 12 criminal cases against the petitioner as stated in paragraph no.3 of this petition but, so far as this case is concerned, there is nothing against the petitioner except confessional statement. The petitioner is in judicial custody for seven months.

In view of the aforesaid fact, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rs. Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad (Bihar) in connection with Muffasil P.S. Case No. 11 of 2016 subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of the trial and make himself available as and when required by the court below and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for

Patna High Court Cr.Misc. No.857 of 2017 (2) dt.02-02-2017 cancellation of his bail.

(Vinod Kumar Sinha, J) Rishi/- U T