Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12808 of 2021 Arising Out of PS. Case No.-20 Year-2020 Thana- BIHARIGANJ District- Madhepura ====================================================== SUMAN KUMAR Son of Naresh Yadav Resident of Village- Rajganj, Ward No. -8, P.S.- Bihariganj, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal For the Opposite Party/s :

Ms.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-08-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Bihariganj Police Station Case No. 20 of 2020, registered for the offences punishable under Sections 356/379 of the Indian Penal Code.

This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the prayer for regular bail of the petitioner was rejected by this Court, vide order, dated 12.11.2020, passed in Criminal Misc. No. 23912 of 2020, giving liberty to the petitioner to renew his prayer for bail after three months from the date of the order.

The prosecution story, as per the First Information Report, is that the informant was intercepted by four unknown

Patna High Court CR. MISC. No.12808 of 2021(2) dt.11-08-2021 2/3 miscreants riding on a motorcycle and they snatched away the motorcycle of the informant and fled away.

Learned Counsel for the petitioner submits that the petitioner is not named in the First Information Report and he has been dragged in this case on the basis of the confessional statement of co-accused Prince Kumar. He further submits that the petitioner is in custody since 25.02.2020 and charge sheet has been submitted in this case and as such, there is no likelihood of the petitioner being abscond or tamper with the evidence.

Regard being had to the submission advanced on behalf of the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 25.02.2020, charge sheet has been submitted in this case, the trial is not likely to be concluded in near future due to COVID19 pandemic and this the second attempt on behalf of the petitioner for grant of regular bail, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.12808 of 2021(2) dt.11-08-2021 3/3 satisfaction of learned Judicial Magistrate, 1st Class, Udakishunganj, Madhepura, in connection with Bihariganj Police Station Case No. 20 of 2020.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √