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Patna High CourtCR. MISC./85046/2019bail granted

Amit Kumar @ Chhakan Jha v. The State Of Bihar

2020-03-18Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85046 of 2019 Arising Out of PS. Case No.-111 Year-2019 Thana- KASIMBAZAR District- Munger ====================================================== Amit Kumar @ Chhakan Jha Son of Late Jugal Kishore Jha Resident of Village- Asha Tola, P.S.- Briyarpur, District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Kamal Nayan, Advocate For the Opposite Party/s :

Mr.Ajay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-03-2020 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The instant application for regular bail has been filed by the petitioner in connection with Kasim Bazar P.S Case no. 111 of 2019 registered for the offence punishable under section 392 to which sections 395 and 412 of the Indian Penal Code were added subsequently.

As per allegation in the FIR, it is stated that 2-3 accused persons are said to have entered the house of the informant and on the point of arms looted various articles including gold ornaments, ATM cards etc. It is stated that they tied up the informant as also his mother. It is finally stated that he can identify the accused persons on seeing them again. It is submitted by learned counsel for the petitioner that the FIR was registered against four unknown persons and the name of the petitioner has transpired in course of confession

Patna High Court CR. MISC. No.85046 of 2019(3) dt.18-03-2020 2/2 of co-accused made before the police. It is further submitted that contrary to the allegation, no incriminating article has been recovered from his possession, he has not been put on T.I. Parade, he is in custody since 1.6.2019 and several other co-accused persons have been enlarged on bail by different orders which have been brought on record as Annexure 2 series to this petition.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above including the fact that the petitioner has not been put on T.I. Parade and grant of bail to other co-accused by orders contained in Annexure 2 series to the petition, this Court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, be enlarged on bail in connection with Kasim Bazar P.S. Case no. 111 of 2019 on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate 1st, Munger.

(Partha Sarthy, J) Prakash/- U