Amit Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5783 of 2021 Arising Out of PS. Case No.-508 Year-2020 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== AMIT SINGH SON OF SATYENDRA SINGH @ SATYENDRA NARAYN SINGH R/O VILLAGE- MOHANIA, WARD NO.6, P.S.- MOHANIA, DISTRICT- KAIMUR (BHABUA).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Advocate For the Opposite Party/s :
Mr. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 15-04-2021 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offences punishable under Sections 395, 412 of the Indian Penal Code, Section 25(1-B)a, 26 and 35 of the Arms Act. Allegation against the FIR named accused including the petitioner is to have snatched away rupees ten lakhs on the strength of arms from Sashikant Sah and Vinod Kumar, who were employees of informant, while they were returning after taking rupees ten lakhs from Sunil Sah, which was given to him by the informant Ashok Kumar Gupta.
It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. It is further submitted that petitioner's father had given paddy to
Patna High Court CR. MISC. No.5783 of 2021(2) dt.15-04-2021 2/3 informant amounting to rupees five lacs and on demand of said money by the petitioner from the informant, a concocted story has been cooked up to drag the name of the petitioner in a false case. Similarly placed co-accused persons, Chhotu Chaudhary and Sanjiv Kumar Singh have already been granted bail by a co-ordinate Bench of this Court vide order dated 10.03.2021 passed in Cr. Misc. No.1145 of 2021 and vide order dated 12.02.2021 passed in Cr. Misc. No.37149 of 2020 respectively. Petitioner has no criminal antecedent and he is in custody since 15.08.2020.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Bhabua Police Station Case No. 508 of 2020, 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
Patna High Court CR. MISC. No.5783 of 2021(2) dt.15-04-2021 3/3 shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence 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) Sanjay/- U T