Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51989 of 2022 Arising Out of PS. Case No.-236 Year-2022 Thana- BARUN District- Aurangabad ====================================================== Amit Kumar Son Of Arvind Sharma R/O Village- Beri, P.S.- Pauthu, DistrictAurangabad (BIHAR) ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Shambhu Sharan Sharma, Advocate For the Opposite Party :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s) as pointed out by the office within a period of four weeks.

The petitioner seeks bail in a case registered under Section-392 of the Indian Penal Code.

Allegation against the accused-petitioner is that on the date and time of occurrence, the accused-petitioner hijacked the informant's truck loaded with Steel rods and looted the same by throwing down the driver and the Khalasi.

It has been submitted that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 13-06-2022. Charge sheet has

Patna High Court CR. MISC. No.51989 of 2022(2) dt.16-12-2022 2/2 already been submitted in this case. The petitioner is not named in the FIR. The name of the petitioner has transpired in the present case in confessional statement of the co-accused. The petitioner has not been put on TIP to ascertain his participation in the alleged offence. There is no recovery of any stolen property from possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is not named in the FIR.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above, 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 learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No. 236 of 2022.

(Sudhir Singh, J) A.K.V.//- U T