Amarjit Kumar @ Amarjit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69472 of 2018 Arising Out of PS. Case No.-16 Year-2017 Thana- BIHARSHARIF RAIL P.S. District- Patna ====================================================== Amarjit Kumar @ Amarjit Yadav S/o Anil Singh, resident of Village- Bihta, P.S. Salimpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in S. Tr. No. 449 of 2018 arising out of Biharsharif Rail P.S. Case No. 16 of 2017 registered for the offence punishable under Sections 395 and 397 of the Indian Penal Code.

Allegation is committing robbery in train and snatching valuables and cash from passengers on strength of arms by unknown miscreants.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on suspicion. Petitioner is not named in the FIR. Nothing has been recovered from the possession of the petitioner. It has been submitted on behalf of the petitioner that the name of the

Patna High Court Cr.Misc. No.69472 of 2018(5) dt.24-01-2019 2/3 petitioner has surfaced in this case on the basis of confessional statement of co-accused Jallu @ Bittue @ Abhishek. Similarly, situated co-accused persons have been granted bail by coordinate benches of this Court vide orders dated 03.10.2018 in Criminal Miscellaneous No. 44055 of 2018, 13.07.2018 in Criminal Miscellaneous No. 40201 of 2018, 27.09.2018 in Criminal Miscellaneous No. 47909 of 2018 and 06.10.2018 in Criminal Miscellaneous No. 60650 of 2018. Petitioner has got no criminal antecedent and is in custody since 23.12.2017. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs.

10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VIII, Patna, in connection with S. Tr. No. 449 of 2018 arising out of Biharsharif Rail P.S. Case No. 16 of 2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence

Patna High Court Cr.Misc. No.69472 of 2018(5) dt.24-01-2019 3/3 or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U