Amresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53492 of 2016 Arising Out of PS.Case No. -362 Year- 2016 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Amresh Kumar, S/o Dilip Mahto, Resident of village - Ulao, P.S. Muffasil, District - Begusarai .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Smt. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 457 and 380 of the Indian Penal Code. The prosecution story, in brief, is that some unknown thieves have committed theft of seven quintals of maize from the godown of the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.09.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in

Patna High Court Cr.Misc. No.53492 of 2016 (2) dt.23-12-2016 2/2 the F.I.R. He has been made accused on the basis of confessional statement of co-accused. He has not been put on Test Identification Parade to ascertain his participation in the alleged occurrence. It is further submitted that the petitioner may be released after completion of 6 months in custody i.e. from 07.09.2016.

On behalf of the state, it has been submitted that the petitioner is not named in the F.I.R. but theft food grains are said to have been recovered on the basis of confession made by the petitioner.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail after completion of six months in custody i.e. from 07.09.2016 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusarai in connection with Begusarai Muffasil (Singhauli) P.S. Case No. 362 of 2016.

(Sudhir Singh, J.) Amit/- U T