Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62590 of 2022 Arising Out of PS. Case No.-55 Year-2021 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Amit Kumar Son Of Sunil Sah Resident Of Village - Malhipur, Maheshpur, P.S.- Bhagwanpur (Tiyay O.P.), District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lakshmindra Kumar Yadav For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 395, 397 of the Indian Penal Code.

The prosecution case is based on a written report filed by the Branch Manager, UCO Bank, alleging therein that on 09.03.2021 at about 12:55 P.M, unknown miscreants armed with weapon and covering their face, entered into the bank premises and on the point of pistol looted cash of Rs. 5,85,123/-. It is also

Patna High Court CR. MISC. No.62590 of 2022(3) dt.01-05-2023 2/3 alleged that miscreants have also assaulted the cashier and other staff. It is further alleged that some miscreants were also standing near the bank and after looted the cash from the bank, all of them fled away on two motorcycles.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and during investigation, on the basis of CCTV footage, co-accused Niraj Kumar Mahto was apprehended who disclosed the name of the petitioner as one of his associates. The petitioner has neither been put on TIP nor any incriminating material was recovered from his conscious possession and except confession, there is no other material against the petitioner to suggest the complicity of the petitioner in the alleged crime. The petitioner is languishing in custody since 01.02.2022.

In the facts and circumstance of the case, let

Patna High Court CR. MISC. No.62590 of 2022(3) dt.01-05-2023 3/3 the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Manjhaul, Begusarai in connection with Bariyarpur P.S. Case No. 55 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T