Bijay Kumar Chandravanshi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13142 of 2020 Arising Out of PS. Case No.-38 Year-2019 Thana- MANSI RAIL P.S. District- Khagaria ====================================================== BIJAY KUMAR CHANDRAVANSHI S/o Brahmdeo Chandravanshi Resident of Village-Turiyava, Ward No.10, P.S.-Simri Bakhtiyarpur, DistrictSaharsa. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bishweshwar Ram For the Opposite Party/s :
Mrs. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.
Heard the learned counsel appearing for the petitioner and the learned APP appearing for the State. The petitioner seeks regular bail in connection with Mansi (Rail) P.S. Case No. 38 of 2019 G.R. (R) No. 268 of 2019 for the offence punishable under Sections 379 and 411 of the Indian Penal Code .
The case of the prosecution in brief is that while the informant was travelling on a train, three unknown miscreants stolen a purse containing cash of Rs. 25,000/-, mobile phone,
Patna High Court CR. MISC. No.13142 of 2020(3) dt.03-06-2020 2/3 gold jewellery etc. and thereafter the thieves jumped from the train and fled away.
The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and is languishing in custody since 27.11.2019. It is further submitted that neither any T.I. Parade has been held so as to connect the petitioner with the alleged crime nor any recovery of the looted article has been made from the conscious possession of the petitioner, hence this is a fit case for grant of regular bail to the petitioner herein.
Per contra, the learned APP appearing for the State has vehemently opposed the prayer for bail.
Considering the aforesaid facts and circumstances of the case, taking into account the fact that the petitioner is having a clean antecedent and neither any recovery has been effected from the petitioner nor T.I. Parade has been held so as to connect the petitioner with the alleged crime, I deem it fit and proper to direct for release of the petitioner on regular bail. According, the petitioner, above named, is directed to be released on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the
Patna High Court CR. MISC. No.13142 of 2020(3) dt.03-06-2020 3/3 satisfaction of the learned Judicial Railway Magistrate, Khagaria in connection with Mansi Rail P.S. Case No. 38 of 2019, G.R. (R) No. 268 of 2019.
(Mohit Kumar Shah, J) Tiwary/- U T