Amrit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78480 of 2019 Arising Out of PS. Case No.-90 Year-2016 Thana- KARAHGAR District- Rohtas ====================================================== AMRIT KUMAR Son of Ram Ekbal Singh Resident of Village-Lalapur, P.O.- Kudra, P.S.-Kudra, District-Kaimur (Bhabhua). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ Manu, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Karahgar P.S. Case No. 90 of 2016, disclosing the offence under Section 394 of the Indian Penal Code.

The First Information Report was registered on the written report of one Nirbhay Kumar who claimed to be an employee of Wrighter Separate Private Limited company. The job of the Company is of refilling/loading ATM Machines with cash. The currency which was required to be filled in the ATM Machine, was found to have been plundered. Subsequently, the informant himself was found to be involved in the commission of the offence who is said to have made confessional statement

Patna High Court CR. MISC. No.78480 of 2019(4) dt.19-03-2020 2/3 during the course of the investigation. He disclosed petitioner's involvement also in commission of offence, according to the case of the prosecution.

Learned counsel appearing on behalf of the petitioner has submitted that the confessional statement of Nirbhay Kumar is the only basis for petitioner's implication who has been allowed regular bail by this Court by an order dated 17.05.2019 passed in Cr. Misc. No. 15744 of 2019. The petitioner is in custody since 29.08.2019.

Learned Additional Public Prosecutor appearing on behalf of the State of Bihar, on the other hand, has vehemently opposed the prayer for bail and has submitted that co-accused Nirbhay Kumar has, in his confessional statement, clearly described the role of the petitioner in looting the cash. Be that as it may, since co-accused Nirbhay Kumar has been allowed regular bail by this Court as noted above, 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 learned Additional Chief Judicial MagistrateII, Rohtas at Sasaram, in connection with Karahgar P.S. Case No. 90 of 2016, subject to the condition that the petitioner shall

Patna High Court CR. MISC. No.78480 of 2019(4) dt.19-03-2020 3/3 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