Amar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83823 of 2019 Arising Out of PS. Case No.-361 Year-2019 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== AMAR KUMAR S/o Dinesh Sah Resident of Village- Bisahnpur, P.S.- Town, Distt- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey :

Mr.Suraj Kumar Singh For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-03-2021 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Begusarai Town P.S. Case No. 361 of 2019 for the offences punishable under Sections 457 and 380 of the Indian Penal Code.

The F.I.R. was registered against unknown with the allegation that certain jewelleries and other valuable items including cash were found stolen from the informant's house. The petitioner's name surfaced during the course of investigation on the basis of confessional statement made by one co-accused Jhalo Kumar Das before the police leading to recovery of certain ornaments from the shop belonging to the petitioner.

It is the petitioner's case that no test identification has been made of the articles recovered from the shop belonging to the petitioner. He has submitted that the articles seized from the

Patna High Court CR. MISC. No.83823 of 2019(9) dt.09-03-2021 2/2 petitioner's shop have been released in his favour by the Court below.

Considering the fact that the petitioner's name emerged on the basis of confessional statement of a co-accused and that the articles said to have been recovered from the petitioner's possession have been released to the petitioner by the Court below, this application is allowed. Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusarai in Begusarai Town P.S. Case No. 361 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is 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) AKASH/- U T