Amar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37307 of 2024 Arising Out of PS. Case No.-121 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== Amar Kumar Son Of Rajgir Sahani Village- Ismailpur Ward No 2 P S -Hajipur District -Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Patepur P.S. Case no. 121 of 2023 instituted for the offence under Sections 395 of the Indian Penal Code and Section 27j of Arms Act.

It is a case of robbery. When the informant was working in the gas godown, six unknown miscreants came on two motorcycles and out of which four persons laced with arms entered into the godown and two persons kept the vigil at the entrance. They committed robbery of two lakhs

Patna High Court CR. MISC. No.37307 of 2024(2) dt.17-05-2024 2/3 cash in the godown and for creating panic and fear also did aerial firing.

It is submitted by learned counsel for the petitioner that petitioner petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Neither the petitioner is named in the F.I.R. nor put on T.I.P. His name has been transpired in the confessional statement of co-accused Prakash Kumar, which has no evidentiary value in the eye of law. Nothing incriminating or looted money has been recovered from his conscious possession. Similarly situated several co-accused persons have been granted bail by this Court.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Patepur P.S. Case no.

Patna High Court CR. MISC. No.37307 of 2024(2) dt.17-05-2024 3/3 121 of 2023, he will 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 learned Chief Judicial Magistrate, Vaishali, Hajipur, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Nirajkrs/- U T