Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5490 of 2016 Arising Out of PS.Case No. -124 Year- 2015 Thana -UDAKISHANGANJ District- MADHEPURA ======================================================

1. Amit Kumar S/o- Shobhakant Yadav, Resident of Village- Laskari, P.S.- Udakishunganj, District- Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Ashok Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-04-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offence punishable under section 394 of the I.P.C Allegedly, three unknown miscreants after assaulting the informant and his associate Shankar Paswan snatched the motorcycle and fled away. During investigation the looted motorcycle appears to have been recovered from the conscious possession of the petitioner and co-accused Vikki @ Vikash Mehata @ Bikki.

Submission is of false implication and that the petitioner was not driving the said motorcycle, he was on the back seat, the petitioner has got no criminal antecedent and he is suffering in custody since 14.09.2015, prayer for bail of co-

Patna High Court Cr.Misc. No.5490 of 2016 (3) dt.01-04-2016 2/2 accused Manish Kumar, Virendra Kumar @ Amardeep Anand and Santosh Kumar have been allowed by another coordinate Benches of this Court, but prayer for bail of co-accused Vikki @ Vikash Mehta @ Bikki was rejected as he was involved in six more cases. The learned A.P.P. opposes prayer for bail by submitting that the prayer for bail of co-accused Vikki @ Vikash Mehta @ Bikki has already been rejected.

In the facts and circumstances as stated above, considering that the petitioner has got no criminal antecedent and he by remaining in custody has been sufficiently penalized and as such he is directed to 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 S.D.J.M. Udakishunganj at Madhepura in Udakishunganj P.S. Case No. 124 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T