Patna High CourtCR. MISC./4260/2019allowed

Amit Kumar v. The State Of Bihar

2019-01-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4260 of 2019 Arising Out of PS. Case No.-408 Year-2013 Thana- LAKHISARAI District- Lakhisarai ====================================================== Amit Kumar Son of Kailash Saw Resident of Kandu Tola ward no. 17 Pachna Road ( Chandni Chowk ) P.S Lakhisarai (Kabaiya), District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-01-2019 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Lakhisarai ( Kabaiya) P.S. Case No. 408 of 2013 registered for the offence under Section 395, 397 of the Indian Penal Code. Learned Counsel appearing on behalf of the petitioner submits that petitioner was not named in the F.I.R.. and the name of the petitioner surfaced in the instant case on the confessional statement of co-accused Amit Kumar son of Amar Mandal and the said Amit Kumar was granted regular bail by Co-ordinate Bench of this Court in Cr. Misc. No. 10046 of 2014 vide order dated 20.05.2014. He further submits that nothing was recovered from the possession of the petitioner nor the petitioner has been put on TIP as yet.

Patna High Court Cr.Misc. No.4260 of 2019(2) dt.28-01-2019 2/2 Considering the fact that petitioner is in custody since 27.8.2018 and he has not been put on TIP in case in which he was not named in the F.I.R., let the petitioner named above, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 2nd Lakhisarai in connection with S. Tr. No. 132 of 2018 (arising out of Lakhisarai P.S. Case No. 408/13). (Anil Kumar Upadhyay, J) T.Kr./- U T