Patna High CourtCR. MISC./53369/2024bail granted

Amarendra Kumar Singh v. The State Of Bihar

2024-09-13Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53369 of 2024 Arising Out of PS. Case No.-503 Year-2023 Thana- MADANPUR District- Aurangabad ====================================================== Amarendra Kumar Singh Son of Dasharath Singh R/o Village- 662 F.K. Nagar, P.S.- Shree Rampur, District- Hooghly (West Bengal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-09-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Madanpur P.S. Case no.503 of 2023 registered under sections 457 and 380 of the Indian Penal Code.

3. As per the prosecution case, the informant states that he works for a company which operates the ATM machines for banks. At 6 a.m on 16.11.2023, he received information about accused persons having used a gas cutter to damage the ATM machine of the Bank of India and of having taken away Rs.4.47 lacs.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.53369 of 2024(4) dt.13-09-2024 2/3 FIR was registered against unknown accused persons. The petitioner was falsely implicated in the case in course of investigation on the basis of the confessional statement of the petitioner himself as also other accused, however no incriminating article has been recovered as a result of the said confessional statement. The petitioner is in custody since 30.1.2024 and his case stands on a similar footing to that of co-accused Vivek Kumar, who has been enlarged on bail vide order dated 26.7.2024 passed in Cr. Misc. no. 31394 of 2024.

5. The application for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the nature of material that has transpired against the petitioner in course of investigation as is evident from the order of the learned trial Court, no incriminating article having been recovered from the petitioner's possession, his having remained in custody since 30.1.2024 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Madanpur P.S. Case no.503 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned I/C

Patna High Court CR. MISC. No.53369 of 2024(4) dt.13-09-2024 3/3 Additional Chief Judicial Magistrate-III, Aurangabad. (Partha Sarthy, J) Shiv/- U T