Amarjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43983 of 2019 Arising Out of PS. Case No.-268 Year-2018 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== AMARJIT KUMAR Son of Gorelal Mandal Resident of Village- Bhatoriya Pashchim Tola, Police Station- Madhusudanpur, District- Bhagalpur ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Dilip Kumar, Advocate For the Opposite Party :

Mr. Binod Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-09-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner is an accused in a case registered for the offence punishable under sections 395/411 of the Indian Penal Code on the allegation that miscreants entered into the house of the informant and on the point of weapons committed loot of ornaments, cash amount, mobile phone, laptop, etc. Learned counsel for the petitioner submits that there is no recovery of any incriminating material connecting the petitioner with the offence. Petitioner's name has come in the case on confessional statement of co-accused Rajesh Kumar. Petitioner has no criminal antecedent and he is in custody since 27.12.2018 and charge sheet has also been filed in the case, as such, there is no chance of tempering with the evidence. In view of the facts and circumstances of the case,

Patna High Court CR. MISC. No.43983 of 2019(3) dt.25-09-2019 2/2 prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur in Mojahidpur (Babarganj) Police Station Case No. 268 of 2018 on the following conditions:-

(1) 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.

(2) If the petitioner tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T