Amit Kumar Singh @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28399 of 2020 Arising Out of PS. Case No.-181 Year-2014 Thana- JANDAHA District- Vaishali ====================================================== AMIT KUMAR SINGH @ AMIT KUMAR S/o- Ramnarayan Singh R/o Village and P.O.- Pirapur Mathura, P.S.- Goraul, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.Ii For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-11-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Jandaha P.S. Case No. 181 of 2014, registered for the offence punishable under Section 395 of the Indian Penal Code.

The informant is driver of the pick up van. It is alleged that six miscreants intercepted his pick up van in which 131 cartoon of chocolate was loaded. Thereafter, he was put in the Scorpio vehicle and one miscreants took his pick up van and on the way he was thrown out from the vehicle by the miscreants.

It is submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.28399 of 2020(2) dt.10-11-2020 2/3 petitioner has falsely been implicated in this case. Petitioner is not named in the FIR. Name of this petitioner has come in this case on the basis of confessional statement of co-accused Md. Aslam Rijavi. No incriminating article has been recovered from possession of this petitioner. No test identification parade has been held till date. Similarly situated co-accused have been granted bail vide orders dated 28.07.2015, 17.12.2019 and 28.05.2020 passed in Cr. Misc. No. 26710 of 2015, Cr. Misc. No. 82078 of 2019 and Cr. Misc. No. 79028 of 2019 respectively. Petitioner is in custody since 28.04.2020 having clean antecedent as stated in para 3 of the bail petition.

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 I/c Sub-Divisional Judicial Magistrate, Vaishali at Hajipur in connection with Jandaha P.S. Case No.

Patna High Court CR. MISC. No.28399 of 2020(2) dt.10-11-2020 3/3 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