Abhishek Kumar @ Beti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48122 of 2018 Arising Out of PS.Case No. -3 Year- 2018 Thana -CHAPRA RAIL P.S. District- SARAN ======================================================

1. Abhishek Kumar @ Beti, Son of Late Chulhai Rai, Resident of VillageBasatpur, P.S.- Dighwra, District- Saran at Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-09-2018 The petitioner is in custody since 10.05.2018 in connection with Chapra Rail P.S. Case No. 03 of 2018, registered for offences punishable under Section 379 of the Indian Penal Code, subsequently Section 411 and 414 of the Indian Penal Code. Allegation as per F.I.R. is that bag of informant was stolen, in which several mobile and several other ornaments were kept. Petitioner is not named in the F.I.R. Later on, his name transpired on confession statement of co-accused persons. Further, it appears that petitioner is accused in 5 other cases. Submission of learned counsel for the petitioner is that petitioner is not named in the F.I.R. Later on, his name transpired during the course of investigation on confessional statement of coaccused persons. Further submission is that in fact there is no

Patna High Court Cr.Misc. No.48122 of 2018 (3) dt.27-09-2018 2/3 recovery from the possession of the petitioner and he has falsely been implicated in this case and he is in custody since 10.05.2018. Heard learned A.P.P. also.

Having heard both sides and considering the aforementioned facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, (Railway) Sonepur, District Saran, in connection with Chapra Rail P.S. Case No. 03 of 2018, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on

Patna High Court Cr.Misc. No.48122 of 2018 (3) dt.27-09-2018 3/3 two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T