Amrendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50802 of 2014 Arising Out of PS.Case No. -411 Year- 2013 Thana -NAUBATPUR District- PATNA ====================================================== Amrendra Kumar Son of Birendra Kumar Singh Resident of villageKaraunji, Police Station- Sampatchak, District- Patna .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Vivek Anand Kumar, Advocate For the Opposite Party : Mr. A.L.Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 30-04-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioners, namely, Amrendra Kumar, in connection with Naubatpur Police Station Case No. 411 of 2013 under Section 409/420/427 read with Section 34 of the Indian Penal Code. Perused the above application and materials on record including a copy of the order, dated 03.03.2014, passed, in A.B.P. No. 6068 of 2013, by the learned Sessions Judge, Patna, dismissing the said application for pre-arrest bail and, orders, dated 19.04.2014, 21.05.2014 and 15.09.2014, passed by different Benches of this Court in Cr. Misc. Nos. 8447 of 2014, 15113 of 2014 and 21275 of 2014 respectively.
Heard Mr. Vivek Anand Kumar, learned Counsel for the petitioners, and Mr. A. L. Pandit, learned Additional Public
Patna High Court Cr.Misc. No.50802 of 2014 (3) dt.30-04-2015 2/3 Prosecutor, appearing on behalf of the State. In view of the fact that perusal of the materials on record does not reveal any such incriminating materials against the petitioner, which would warrant his custodial detention and interrogation, this Court is of the view that the petitioner has been able to make out a case calling for appropriate direction for prearrest bail. Considering the fact that similarly situated coaccused have been granted the benefit of pre-arrest bail by orders, dated 19.04.2014, 21.05.2014 and 15.09.2014, passed by different Benches of this Court in Cr. Misc. Nos.
8447 of 2014, 15113 of 2014 and 21275 of 2014 respectively, and in the interest of justice, it is hereby directed that the petitioner above-named shall, in the event of his arrest in connection with the case aforementioned, be released on bail of Rs. 10,000/-, with two sureties of the like amount, subject to the satisfaction of the Officer-in-Charge, Naubatpur Police Station, District-Patna.
Patna High Court Cr.Misc. No.50802 of 2014 (3) dt.30-04-2015 3/3 or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
This application for pre-arrest bail shall stand disposed of in terms of the above observations and directions. Let a copy of this order be sent, forthwith, to the Officer-in-Charge, Naubatpur Police Station, District-Patna. Send also a copy of this order, forthwith, to the Senior Superintendent of Police, Patna, by fax. (I. A. Ansari, J) Pawan/- U T