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Patna High CourtCR. MISC./21667/2021bail granted

Anil Sah v. The State Of Bihar

2021-09-24Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21667 of 2021 Arising Out of PS. Case No.-149 Year-2019 Thana- RAMNAGAR District- West Champaran ====================================================== ANIL SAH S/o Chota Sah @ Chathu Sah R/o village- Senwariya, Bharawa Tola, P.S.- Sirisiya O.P., District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr. Satyanand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred the instant application for grant of regular bail in a case registered under section 379 of the Indian Penal Code.

As per the prosecution case, the motorcycle of the informant was stolen.

It is submitted by learned counsel for the petitioner that the F.I.R. was registered against unknown. Referring to the order of the learned trial Court rejecting the application for bail of the petitioner it is submitted that the material being relied on against the petitioner is that the tower location of his mobile phone was found in the vicinity of the place of occurrence at the time of occurrence together with the petitioner having a number

Patna High Court CR. MISC. No.21667 of 2021(2) dt.24-09-2021 2/2 of criminal antecedents. No incriminating article has been recovered from the petitioner's possession. He is in custody since 22.9.2020 and chargesheet has been submitted in the case. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case together with no incriminating article having been recovered from the petitioner's possession and the petitioner having remained in custody for about 1 year, this Court directs the petitioner to be enlarged on bail in connection with Ramnagar P.S. Case no. 149 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bagaha, West Champaran.

(Partha Sarthy, J) Bibhash U