Amarjeet Kumar @ Amarjeet Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.78976 of 2018 Arising Out of PS. Case No.-229 Year-2017 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna ====================================================== Amarjeet Kumar @ Amarjeet Yadav S/o Anil Singh R/o-Bihta, P.S-Salimpur, Distt.-Patna.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deovind Kumar Singh For the Opposite Party/s :
Mr.Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-01-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Rail Thana Bakhtiyarpur P.S. Case No. 229 of 2017 registered for the offence punishable under Sections 392 and 395 of the Indian Penal Code. Informant in his written complaint has stated that he was travelling in the Tilaiya-Danapur passenger and when the train reached near Alipur in the meantime three unknown persons snatched his mobile phone and Rs. 50,000/- cash and other belongings from the co-passengers. FIR is against unknown.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case only on suspicion. Petitioner is not named in the FIR. Nothing has
Patna High Court Cr.Misc. No.78976 of 2018(2) dt.29-01-2019 2/2 been recovered from the possession of the petitioner. Similarly, situated co-accused persons have been granted bail by coordinate benches of this Court vide order dated 20.09.2018 in Criminal Miscellaneous No. 54187 of 2018. Petitioner is in custody since 25.03.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Railway, Patna, in connection with Rail Thana Bakhtiyarpur P.S. Case No. 229 of 2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U