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Patna High CourtCR. MISC./15020/2021allowed

Sanjeev Kumar Sah v. The State Of Bihar

2021-07-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15020 of 2021 Arising Out of PS. Case No.-136 Year-2020 Thana- ANDHRAMATH District- Madhubani ====================================================== Sanjeev Kumar Sah Son Of Maheshwar Sah Resident Of Village - Bangawan, Ward No.12, P.S.- Laukahi, (Narahiya O.P.), Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumari Shubham For the Opposite Party/s :

Mr. Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Andhramath P.S. Case No. 136 of 2020 corresponding to G.R. No. 2010 of 2020 registered for the offence punishable under Section 392 of the Indian Penal Code.

Allegation against the petitioner is that petitioner in association with two other co-accused persons assaulted the informant and are involved in looting of one Motorcycle, mobile and Rs. 4,500/- from the informant.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.15020 of 2021(2) dt.16-07-2021 2/2 petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. No such occurrence as alleged ever took place. He submits that petitioner is not named in the F.I.R. and petitioner has not been put on T.I. parade till date. He submits that petitioner has purchased the said motorcycle from one namely Jai Prakash Mandal on the issuance that the vehicle and document is genuine and be handed over to him within two days. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature.

The petitioner has no criminal antecedent as has been mentioned in para 3 of the bail application and has been languishing in custody since 01.11.2020. Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Andhramath P.S. Case No. 136 of 2020.

(Anjani Kumar Sharan, J) GAURAV S./- U T