Chandan Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10307 of 2020 Arising Out of PS. Case No.-464 Year-2019 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== CHANDAN KUMAR SAH, Male, aged about 18 years, Son of Satrudhan Sah, Resident of Village - Barhi, P.S.- Jaynagar, District- Madhubani. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Gagan Deo Yadav, Advocate.

For the Opposite Party :

Mr.Upendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences under Sections 379 and 411 of the I.P.C. The prosecution case, in short, is that on 07.12.2019 the Motorcycle Passion Pro of the informant bearing Registration No. BR 32M 0546 was stolen away by unknown person from the court premises. It is further alleged that on

Patna High Court CR. MISC. No.10307 of 2020(3) dt.01-06-2020 2/3 05.12.2019, one Motorcycle bearing Registration No. BR 325 4974 of one Naga was also stolen away by unknown person from the court premises.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.12.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come in the present case on the basis of confessional statement of co-accused Sikandar Kumar Yadav and Ashutosh Kumar. There is no recovery of any incriminating from possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of learned C.J.M. Madhubani in connection with Madhubani Town P.S. Case No. 464 of 2019.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four

Patna High Court CR. MISC. No.10307 of 2020(3) dt.01-06-2020 3/3 weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T