IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4220 of 2021

Arising Out of PS. Case No.-450 Year-2020 Thana- KAHALGAON District- Bhagalpur

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Amit Kumar Son of Kailash Yadav @ Photo Yadav Resident of Village -

Rasalpur, P.S.- Rasalpur, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Rajive Ranjan Singh

For the Opposite Party/s :

Mr.A.P.P.

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH

ORAL ORDER

2.

17-03-2021

Heard learned counsel for the parties.

The petitioner seeks bail in Kahalgaon P.S. Case No.

450 of 2020, registered for the offence under Sections 461, 379,

511, 427 of the Indian Penal Code.

As per the prosecution case, some unknown

miscreants tried to commit theft in A.T.M. Machine and they

also damaged the C.C.T.V. Camera.

It is submitted on behalf of petitioner that petitioner is

not named in the FIR. The name of petitioner has surfaced

during course of investigation on his self-confessional

statement, which has got no evidenciary value, and save &

except his confession, there is no other material against this

petitioner. It is further submitted that so called seized articles,

which have been recovered from the possession of petitioner i.e.

Toofan Company fan and cash amount of Rs. 450/- (four

Patna High Court CR. MISC. No.4220 of 2021(2) dt.17-03-2021

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hundred forty), are the common articles and neither the same

have been put on T.I.P. nor has been identified by the informant.

Petitioner has got clean antecedent and he is in custody since

23.07.2020.

Considering the aforesaid facts & circumstances as

well as the fact that save & except confessional statement of

petitioner, which has no evidenciary value, there is no other

material against him, the bail application of petitioner is

allowed. Let the above named petitioner 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 learned

C.J.M., Bhagalpur in connection with Kahalgaon P.S. Case No.

450 of 2020, on the following conditions:

“(1) Petitioner shall cooperate in the trial

and shall be properly represented on each and

every date fixed by the court below and shall

remain physically present, as directed by the

court below, and on his absence on two

consecutive dates without sufficient reason, his

bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the

evidence or the witnesses, in that case, the

prosecution will be at liberty to move for

cancellation of bail.”

anay

(Prabhat Kumar Singh, J.)

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