Amarjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39273 of 2022 Arising Out of PS. Case No.-730 Year-2021 Thana- GARKHA District- Saran ====================================================== AMARJEET KUMAR SON OF BAGESHWAR RAI @ BHANESHWAR RAI R/O VILLAGE- KUCHO, P.S.- GARKHA, DISTRICT- SARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Sharma, Senior Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State, through Virtual Court Proceedings.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Garkha P.S. Case No. 730 of 2021 registered for the offence under Sections 392 of the Indian Penal Code.
The accused/petitioner is not named in the F.I.R. and is in custody since 17.01.2022.
The allegation against the petitioner is to commit robbery and while committing so, taken away cash of Rs. 2,200/- along with certain valuable personal documents as ATM
Patna High Court CR. MISC. No.39273 of 2022(2) dt.30-09-2022 2/3 card, registration certificate of vehicles, Aadhar Card, etc, belongs to informant.
Learned senior counsel appearing on behalf of the petitioner submitted that name of this petitioner surfaced on the basis of confessional statement of one co-accused, namely, Badal Singh, in furtherance thereof no incriminating material surfaced/recovered, during course of investigation, which may connect this petitioner with the present set of robbery. It is also submitted that petitioner was not put on TIP, as yet. It is further pointed out that petitioner is involved in one more criminal case, where, he is on bail. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, while opposing the prayer of bail, fairly conceded the fact that petitioner is not named in FIR. Considering the facts and circumstances as mentioned above, as no incriminating surfaced/recovered in furtherance of confessional statement of co-accused, from possession of this petitioner coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Garkha P.S. Case No. 730 of
Patna High Court CR. MISC. No.39273 of 2022(2) dt.30-09-2022 3/3 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Saran at Chapra/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) S.Katyayan/- U T