This order grants regular bail to the petitioner in a theft case, noting his innocent implication via confession and the prior grant of bail to a co-accused with similar marks.
Released on bail on furnishing a bond of Rs. 20,000 with two sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38066 of 2020
Arising Out of PS. Case No.-360 Year-2020 Thana- BRAHMPUR District- Buxar
======================================================
AMAN KUMAR SINGH @ AMAN KUMAR @ NUTAN SINGH, S/o Krishna Kumar Singh @ Krishna Singh, R/o Vill. - Barki Gayghat, P.S. - Brahmpur, Dist. - Buxar
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dr. Kamal Deo Sharma, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
4 18-03-2021
Heard Mr. Dr. Kamal Deo Sharma, learned Counsel for the petitioner and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor for the State, through Video Conferencing.
This application, for grant of regular bail, arises out of Brahmpur Police Station Case No. 360 of 2020, disclosing offences under Section 392 of the Indian Penal Code.
The allegation, as per the First Information Report is that the informant was intercepted by four criminals and they snatched motorcycle of the informant along with mobile.
Learned counsel for the petitioner submits that the petitioner is not named in the FIR and he has been dragged in this case on the basis of confessional statement of the co-
Patna High Court CR. MISC. No.38066 of 2020(4) dt.18-03-2021 2/3
accused, Dhananjay Pandey and the confessional statement of the petitioner was also recorded. Learned counsel next submits that no incriminating material or looted article has been recovered from the possession of the petitioner and he has not been put on test identification parade. Learned counsel next submits that Dhananjay Pandey has been granted bail by a Coordinate Bench of this Court vide order dated 05.02.2021 passed in Cr. Misc. No. 37737 of 2020. Learned counsel also submits that the co-accused, Dhananjay Pandey, whose bail application has been allowed by the Coordinate Bench of this court, was also having criminal antecedent and petitioner is in custody since 07.07.2020.
Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that similarly situated accused person has been granted bail by a Coordinated Bench of this Court and the petitioner is in custody since 07.07.2020, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, Aman Kumar Singh @ Aman Kumar @ Nutan Singh, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial
Patna High Court CR. MISC. No.38066 of 2020(4) dt.18-03-2021 3/3
Magistrate, Buxar, in connection with Brahmpur Police Station Case No. 360 of 2020.
It is made clear at the time of furnishing bail bond, all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J)
sanjeev/-
U T
1 issue framed by the court
Whether the petitioner, who was dragged into the case based on a co-accused's confession despite not being named in the FIR, is entitled to regular bail.
Aman Kumar Singh
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
