Amarjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5849 of 2017 Arising Out of PS. Case No. -137 Year- 2016 Thana -NAWANGAR District- BUXAR ====================================================== Amarjeet Kumar Son of Vikrama Singh Resident of Village- Bashawna, P.S.- Dhangain, District- Bhojpur at Ara (Bihar) .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Manoj Kumar, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-03-2017 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 27.10.2016 in connection with Navanagar P.S. Case No. 137 of 2016 for the alleged offences under Sections 409, 120B and 34 of the Indian Penal Code.
3. It is submitted that the petitioner has been falsely implicated merely on suspicion and except extra-judicial confession of co-accused Reepu Ranjan Kumar, there is no material to connect the petitioner with the alleged offence. No recovery of any incriminating articles has been made from the possession of the petitioner rather recovery has been made from the possession of the said co-accused Reepu Ranjan Kumar. The petitioner claims clean antecedents.
4. Learned APP for the State, on the basis of the statement made in paragraph 6 of the case diary, submits that the petitioner was known to have talked with the said co-accused Reepu Ranjan Kumar.
5. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be
Patna High Court Cr.Misc. No.5849 of 2017 (4) dt.18-03-2017 2/2 released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Navanagar P.S. Case No. 137 of 2016 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(Vikash Jain, J) B.T/Ibrar U T