Amrendra Kumar @ Appu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4631 of 2017 Arising Out of PS.Case No. -193 Year- 2016 Thana -MANIHARI District- MUZAFFARPUR ====================================================== Amrendra Kumar @ Appu, Son of Late Balendra Rai, Resident of VillageSakri Saraiya, P.S. Kurhani, District- Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Arun Kumar, Advocate For the Opposite Party : Mr. Ramchandra Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Maniari P.S Case No. 193 of 2016 registered for the offences punishable under Sections 399, 402, 414, 120(B) of the Indian Penal Code and Section 25(1-b)a/ 26(i)/35 of the Arms Act and Sections 20/22 of the N.D.P.S. Act.

Allegedly, acting on a tip of the police raided the place of occurrence from where persons stated fleeing away, but the petitioner and others were caught and from possession of the petitioner one country made katta, four cartridges, one mobile and six Diazepam injection were recovered.

Submission is of false implication and that nothing

Patna High Court Cr.Misc. No.4631 of 2017 (2) dt.09-03-2017 2/3 has been recovered from the possession of the petitioner. The petitioner has been made victim of the circumstances, he has got no criminal antecedent and he is in custody since 13.10.2016, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence. One of co-accused Omdeo Sharma @ Chhotu @ Laddu has been allowed bail vide Cr. Misc. No. 2569 of 2017 by order dated 20.02.2017 by this Court and, as such, the petitioner deserves sympathetic consideration.

Learned A.P.P. opposes the prayer of bail and submits that from possession of Omdeo Sharma only one dagger (big knife) and mobile were recovered.

In the facts and circumstances stated above, the petitioner shall be released after completion of 07 (seven) months in custody from the date of remand in this case on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sessions Judge-cum-Spl. Judge, Muzaffarpur, in connection with Maniyari P.S. Case No. 193 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and

Patna High Court Cr.Misc. No.4631 of 2017 (2) dt.09-03-2017 3/3 every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T