Amit Kumar Singh @ Std v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2763 of 2021 Arising Out of PS. Case No.-367 Year-2020 Thana- MADHAURAH District- Saran ====================================================== Amit Kumar Singh @ STD, Son of Ram Barai Singh Resident of VillageBishnupur, Police Station-Marhaura, District- Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar- Advocate For the Opposite Party/s :

Mr. Dashrath Mehta- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-07-2021 Heard Mr. Manoj Kumar, the learned Advocate for the petitioner and Mr. Dashrath Mehta, the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Marhaura P. S. Case No.367 of 2020, instituted for the offences under Sections 448, 380, 34 of the Indian Penal Code.

A peculiar F.I.R. has been lodged alleging that on 22.04.2020, the petitioner had taken away certain belongings of the informant from his house.

A petition regarding aforesaid occurrence was given to the police but no action was taken. The F.I.R. with respect to the aforesaid theft of laptop, bag and some money has been lodged on 29.04.2020 i.e. after about seven days of the occurrence.

The learned Advocate for the petitioner has submitted

Patna High Court CR. MISC. No.2763 of 2021(2) dt.22-07-2021 2/2 that nobody has seen him entering the house of the informant and pilfering anything from the house. The petitioner is a covillager of the informant and the local village politics has led to the filing of the present case. The accusation, on face of it, does not appear to be probable.

Regard being had to the afore-noted facts, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate/ concern Court, Saran at Chapra in connection with Marhaura P. S. Case No.367 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C. While saying so the Court has also taken note of the fact that the petitioner does not have criminal antecedent and nothing incriminating has been recovered from his possession. The application stands allowed.

(Ashutosh Kumar, J) vikash/- U T