Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40900 of 2018 Arising Out of PS.Case No. -486 Year- 2017 Thana -BHAGWAN BAZAR District- SARAN ====================================================== Amit Kumar, Son of Dabade Baburao @ Baburao Bapu Dabade, resident of Village- Sonarpatti Sahebganj, P.S. Chapra Town, District- Saran at Chapra.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Brij Bihari Tiwary, Advocate For the Opposite Party/s : Mr. Madhuranand Jha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 01.12.2017 in connection with Bhagwan Bazar P.S. Case No.486 of 2017 registered for the offence under Sections 396 and 397 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a petty Sonar and it is but natural that in his shop certain gold ornaments would be available. It is further submitted that the petitioner is not named in the FIR, but on the basis of the confessional statement made before the police by a co-accused, the petitioner has been falsely implicated in connection with the present case. It is further submitted that

Patna High Court Cr.Misc. No.40900 of 2018 (4) dt.16-08-2018 2/2 such confessional statement made before the police has no evidentiary value and moreover, it is but expected that gold ornament would be available in his shop belonging to a goldsmith.

Considering the aforementioned facts and circumstances and that the petitioner is not having any criminal antecedent, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Chapra, in connection with Bhagwan Bazar P.S. Case No.486 of 2017.

(Anjana Mishra, J) PNM U T