Amit Kumar @ Happy Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26547 of 2020 Arising Out of PS. Case No.-321 Year-2019 Thana- PUPRI District- Sitamarhi ====================================================== Amit Kumar @ Happy Singh, aged about 24 , years, Male, Son of Kumar Bimlendra Singh @ Udai Singh, Resident of Village Sahbajpur, P.S. Shyampur Bhatha District Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vindhkeshri Kumar For the Opposite Party/s :

Mr. Shakir Ahmad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-12-2020 Heard Mr. Vindhkeshri Kumar, learned senior counsel for the petitioner and Mr. Shakir Ahmad, learned counsel appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Pupri P.S. Case No. 321 of 2019 registered for the offence under Section 395 of the I.P.C.

The allegation as per the First Information Report is that three unknown criminals entered into the Office of the informant and looted a sum of Rs. 18,000/- at gun point. Learned senior counsel for the petitioner submits that petitioner is not named in F.I.R. and he has falsely been implicated in this case on the basis of the confessional statement made by the co-accused before the Police when he was arrested

Patna High Court CR. MISC. No.26547 of 2020(4) dt.07-12-2020 2/3 in Pupri P.S. Case No. 332 of 2019 registered under Section 399 , 402 , 414 of the I.P.C. and Section 25 (1-B)a, 26 , 35 of the Arms Act. Learned counsel further submits that no incriminating material has been recovered from the possession of the petitioner and he has not been put on T.I. Parade. Learned senior counsel further submits that though the petitioner has criminal antecedents but he has been enlarged on bail in all the four cases in which he is involved and he is in custody in this case since 12.12.2019.

Having regard to the submissions made by the parties and taking into consideration the materials available on record and the fact that petitioner is in custody since 12.12.2019 i.e. for almost one year, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Pupri at Sitamarhi / court concerned in connection with Pupari P.S. Case No. 321 of 2019 on the following condition:- (i) that the petitioner shall remain present on each and every date during the

Patna High Court CR. MISC. No.26547 of 2020(4) dt.07-12-2020 3/3 course of trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall liable to be cancelled.

It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) praful/- U T