Kalu @ Kallu @ Jack @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19390 of 2020 Arising Out of PS. Case No.-56 Year-2019 Thana- DANAPUR District- Patna ====================================================== Kalu alias Kallu alias Jack alias Vikash Kumar (Male) Aged About 19 Years, Son of Lemua alias Jamun Saw, Resident of Mainpura, P.S. - Danapur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Kumar Sinha For the Opposite Party/s :

Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-11-2020 Heard Mr. Satish Kumar Sinha, learned counsel for the petitioner and Mr. Damodar Prasad Tiwary, learned counsel appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Danapur P.S. Case No. 56 of 2019 registered for the offence under Section 395 of the I.P.C.

The allegation as per the First Information Report is that on 16.01.2019 at about 10:12 P.M. in the night two persons had entered into the medicine shop of the informant and thereafter three miscreants also entered into the shop of the informant and on the point of pistol looted cash Rs. 68,430/- from the counter.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.19390 of 2020(5) dt.09-11-2020 2/3 petitioner is not named in the First Information Report and his name has transpired on the basis of the confessional statement of the co-accused Sandeep Kumar. Learned counsel further submits that no incriminating material has been recovered from the possession of the petitioner and he has not been put on T.I. Parade despite the fact that he is in custody since 22.04.2019. Learned counsel further submits that similarly situated coaccused namely Manjhal @ Lav has been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 51788 of 2019 on 28.08.2019.

Having heard learned counsel for the parties and taking into consideration the materials available on record , I am inclined to grant regular bail to the petitioner after framing of the charge.

Accordingly, let the petitioner, above named, be released on regular bail after framing of the charge on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Danapur / court concerned in connection with Danapur P.S. Case No. 56 of 2019 subject to the following condition:- (i) that the petitioner shall remain

Patna High Court CR. MISC. No.19390 of 2020(5) dt.09-11-2020 3/3 present on each and every date during the course of trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall be liable to be cancelled.

It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) praful/- U T