Anil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13781 of 2021 Arising Out of PS. Case No.-126 Year-2019 Thana- RAMNAGAR District- West Champaran ====================================================== Anil Sah aged about 30 years, Male, S/o Chota Sah @ Chathu Sah Resident of Village- Senwariya, Bharawa Tola, P.S.- Sirisiya O.P., Distt- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

29-06-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Ramnagar P.S. Case No. 126 of 2019, registered for the offence under Section 379 of the Indian Penal Code.

As per the prosecution case, some unknown miscreants committed the theft of motorcycle of the informant. Petitioner is not named in the FIR. No looted article has been recovered from the possession of the petitioner. Till date, petitioner has not been put on T.I.P. Only material, which has come against the petitioner, is that during course of investigation, the police has found the tower location of mobile phone of the petitioner near the place of occurrence. Petitioner is in custody since 22.09.2020.

Patna High Court CR. MISC. No.13781 of 2021(2) dt.29-06-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition 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 A.C.J.M. 1st, Bagaha, West Champaran in connection with Ramnagar P.S. Case No. 126 of 2019, 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."

(Prabhat Kumar Singh, J.) anay U T