Amresh Kumar @ Sintu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42888 of 2016 Arising Out of PS.Case No. -94 Year- 2011 Thana -PAKARIBARAW District- NAWADA ====================================================== Amresh Kumar @ Sintu Kumar Son of Shashi Bhushan Singh Resident of village- Dariyapur, P.S.- Warisliganj, Dist- Nawada .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ramesh Kumar Singh, Advocate For the State : Dr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 24-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in a case registered under Section 395 of the Indian Penal Code.
It is contended on behalf of the petitioner that the First Information Report was lodged against unknown persons and upon tracking of searching dog, which had entered into the house of one Dharmendra Ravidas, he was taken in custody and has disclosed in his self-incriminating confessional statement the names of three persons and indicated involvement of three unknown persons. The three named co-accused persons, Subhash Kumar, Pramod Kumar and Bipin Singh, confessed their guilt and disclosed the involvement of this petitioner and co-accused Ajit Kumar Sinha @ Kaju Yadav who has also confessed his guilt
Patna High Court Cr.Misc. No.42888 of 2016 (2) dt.24-10-2016 disclosing the name of the petitioner.
However, it is contended on behalf of the petitioner that except the self-incriminating confessional statements of the aforesaid co-accused persons, no other material has been collected against this petitioner during the course of investigation and almost all the aforesaid co-accused persons have already been granted bail by different Coordinate Benches of this Court vide Annexure 2 series.
Having regard to the facts and the circumstances of the case, the petitioner, Amresh Kumar @ Sintu Kumar, is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in connection with Pakaribrawan Police Station Case No. 94 of 2011 with a further condition that one of the bailors of the petitioner must be the close relative or his family member, who will file affidavit before the court below giving full genealogy showing his or her relationship with the petitioner. Further, if the petitioner, after his release in this case, is again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of his bail bonds. Further, the petitioner shall remain present on each and every date during the
Patna High Court Cr.Misc. No.42888 of 2016 (2) dt.24-10-2016 course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds.
That apart, in view of the antecedent of the petitioner, he would be required to appear before the Superintendent of Police, Siwan within fifteen days of his release with a copy of this order and every two weeks thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if he is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for misuse of the privilege of bail. After reporting to the Superintendent of Police, a certificate would be filed by the petitioner before the court concerned which should be granted by the Superintendent of Police concerned upon his appearance.
(Dr. Ravi Ranjan, J) SC/- U T