Amar Kumar @ Gongwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29876 of 2020 Arising Out of PS. Case No.-783 Year-2019 Thana- KHAGARIA District- Khagaria ====================================================== AMAR KUMAR @ GONGWA Son of Wakil Yadav Resident of VillageChandra Nagar Ranko, Police Station- Khagaria (Muffasil), DistrictKhagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Sanjana For the Opposite Party/s :

Mr.Surendra Pd. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 461, 379 of the Indian Penal Code. Prosecution case, in short, is that some unknown miscreants stolen golden ornaments and one L.E.D. T.V. from

Patna High Court CR. MISC. No.29876 of 2020(2) dt.13-11-2020 2/2 the house of the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.11.2019. Charge sheet has been submitted in this 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 in the present case on confessional statement of co-accused. There is no recovery of any incriminating article from the possession of the petitioner. The petitioner has not been put on T.I.P. to ascertain his participation in the alleged occurrence.

On behalf of the State, it is 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 bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Khagaria (Chitragupta Nagar) P.S. case No.783 of 2019 corresponding to G.R. No.3119 of 2019.

Narendra/- (Sudhir Singh, J) U T