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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54720 of 2022 Arising Out of PS. Case No.-303 Year-2020 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Amrendra Kumar @ Amrendra Kumar Singh S/O Bansh Narayan Singh R/O village Rampur, P.S. Kochas, District Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 379 of the IPC. Allegedly, the Scorpio vehicle of the informant was taken away from his house by some unknown miscreants. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is not named in the F.I.R. and has been falsely implicated in this case due to ulterior motive. No incriminating article has been recovered from the conscious physical possession of the petitioner. It is further submitted that the then S.H.O. of Kudra Police Station who lodged Kudra P.S. Case No.309 of 2020 on 03.10.2020 u/s 401, 413, 414 on basis of his own statement with regard to recovery of stolen Tractor and

Patna High Court CR. MISC. No.54720 of 2022(2) dt.02-01-2023 2/2 motorcycle wherein name of the petitioner and six other person came in picture and even the petitioner was dragged in another case bearing Kudra P.S. Case No.285 of 2020 u/s 379 IPC lodged with regard to stolen of motorcycle, which was recovered but petitioner was not taken in remand in the present case though the case was filed on 28.09.2020. Petitioner has two criminal antecedents.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since no incriminating article has been recovered from the possession of petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Kudra P.S. Case No.303 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T