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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33333 of 2019 Arising Out of PS. Case No.-222 Year-2018 Thana- JAGDISHPUR District- Bhojpur ====================================================== Amrendra Kumar @ Amrendra Kumar Singh Son of Sanjay Yadav @ Sanjay Singh Resident of Village- Bajruha, P.S.- Udwant Nagar, District- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh For the Opposite Party/s :

Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 394 of the Indian Penal Code. The tractor of the informant is said to have been looted from its driver by four unknown Bolero borne criminals overtaking the tractor and assaulting the driver. However, they liberated the driver after 3-4 hours.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. The petitioner has committed no offence. a He has been falsely implicated in this case. The petitioner is neither named in the F.I.R. nor he was apprehended on the spot nor any incriminating article has

Patna High Court CR. MISC. No.33333 of 2019(2) dt.21-05-2019 2/2 been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring his confessional statement which has no evidentiary value in the eye of law. Co-accused, namely, Suraj Yadav has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 04.04.2019 passed in Cr. Misc. No. 19071 of 2019. The petitioner has been languishing in custody since 01.02.2019.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XI, Bhojpur at Ara in connection with Jagdishpur P.S. Case No.222 of 2018. (Prakash Chandra Jaiswal, J.) Trivedi/- U T