Amit Kumar @ Amit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37056 of 2018 Arising Out of PS.Case No. -135 Year- 2018 Thana -BARBIGHA District- SEKHPURA ====================================================== AMIT KUMAR @ AMIT KUMAR SINGH S/o Subhash Singh, R/o Vill.- Khoja Gachhi, P.S.- Barbigha, District- Sheikhpura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bipin Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Barbigha P.S. Case No.135 of 2018 registered for the offence punishable under Section 386 of the Indian Penal Code. The allegation as per F.I.R. is that this petitioner after intercepting the vehicle of informant assaulted him and forcibly snatched Rs.2000/- and one mobile from the informant. It has been submitted that this petitioner is a tempo driver and for passenger some altercation had taken place. The petitioner is in custody since 10.05.2018 and so he deserves bail. The learned A.P.P. for the State opposed the submission.

Patna High Court Cr.Misc. No.37056 of 2018 (3) dt.19-07-2018 Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Barbigha P.S. Case No.135 of 2018 subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail. (Sanjay Kumar, J) Harish/- U