Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54934 of 2016 Arising Out of PS.Case No. -507 Year- 2016 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Amit Kumar son of Rajdeo Rai, resident of village Mahua Singh Rai, P.S. Mahua, District- Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Hajipur Town P.S. Case No. 507 of 2016 for the offences instituted under Sections 379 and 411 of the Indian Penal Code. It is alleged that the motorcycle of the informant is said to have been stolen away by co-accused namely Monu Kumar, who caught hold by the nearby people.

It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come on the basis of confessional statement of co-accused.

Patna High Court Cr.Misc. No.54934 of 2016 (2) dt.22-12-2016 2/2 Except for the confessional statement of co-accused, there is no other substantive evidence to suggest his implication in the present case.

On behalf of the State, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Hajipur Town P.S. Case No. 507 of 2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Amit/- U T