Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67595 of 2019 Arising Out of PS. Case No.-42 Year-2019 Thana- KATHAIYA District- Muzaffarpur ====================================================== AMARJEET KUMAR, Son of Kailash Sahni, Resident of Village- Chhoti Kothiya, P.S.- Mushasari, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Kathaiya P.S. Case No. 42 of 2019, disclosing the offence under Section 392 of the Indian Penal Code.

The First Information Report was registered against unknown. The petitioner was in custody in connection with Town P.S. Case No. 513 of 2019 registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code, when he was remanded in the present case on 25.06.2019 on the basis of confessional statement of a co-accused. It is alleged that the miscreants under the threat of life, had snatched from the informant, his Motorcycle and other

Patna High Court CR. MISC. No.67595 of 2019(2) dt.11-12-2019 2/2 valuables.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has not been put on Test Identification Parade so far and that he has been allowed bail in connection with aforesaid Town P.S. Case No. 513 of 2019. Considering the submission that confessional statement of co-accused is the only basis which shall not lead to recovery of any incriminating material, this application is allowed. Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand), with two sureties of the like amount each to the satisfaction of Sri Hemant Kumar, Judicial Magistrate, 1st Class, Muzaffarpur, in connection with Kathaiya P.S. Case No. 42 of 2019, subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail Bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) S.Ali/- U T