Bibhu Kumar @ Bibhu Kumar Singh @ Bibhav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25167 of 2021 Arising Out of PS. Case No.-483 Year-2019 Thana- CHIRAIYA District- East Champaran ====================================================== BIBHU KUMAR @ BIBHU KUMAR SINGH @ BIBHAV KUMAR SON OF ANIL SINGH VILLAGE GANGA PIPRA, P.S. CHIRAIYA, DISTRICT EAST CHAMPARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Chandra Verma, Sr. Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-07-2021 Heard Mr. Yogesh Chandra Verma, learned senior counsel for the petitioner and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Sessions Trial No. 200 of 2020 arising out of Chiraiya P.S. Case No. 483 of 2019 registered for the offence punishable under Section 395 of the Indian Penal Code and Section 27 of the Arms Act.
This is second attempt for grant of regular bail on behalf of the petitioner inasmuch as earlier the bail application of the petitioner was rejected by this Court vide order dated 9.11.2020 passed in Cr. Misc. 23089 of 2020 with liberty to
Patna High Court CR. MISC. No.25167 of 2021(2) dt.14-07-2021 2/3 renew his prayer for grant of regular bail after three months. The allegation against the petitioner is that the Motorcycle of the informant was stopped by some unknown miscreants who pushed the informant from his Motorcycle and on the point of pistol, the miscreants snatched his brown colour bag containing cash of Rs.2,50,000/-.
Learned senior counsel for the petitioner submits that the petitioner is in custody since 4.2.2020 and his name transpired in this case on the basis of confessional statement made by the co-accused Jitendra Kumar who has already been granted bail by a co-ordinate Bench of this Court in Cr. Misc. 32519 of 2020. Learned counsel further submits that other coaccused persons have also been granted bail by co-ordinate Benches of this Court in Cr. Misc. No. 24031 of 2020 and 26372 of 2020 respectively. Learned counsel next submits that charge sheet has already been submitted in the matter and there is no likelihood that the petitioner will abscond or tamper with the evidence.
Having regard to submission made by the parties and taking into consideration the materials on record, the fact that the petitioner has remained in custody since 4.2.2020, similarly situated co-accused persons have been granted bail by co-
Patna High Court CR. MISC. No.25167 of 2021(2) dt.14-07-2021 3/3 ordinate Benches of this Court and charge sheet has already been submitted and trial is not likely to be concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge 20th, East Champaran, in connection with Sessions Trial No. 200 of 2020 arising out of Chiraiya P.S. Case No. 483 of 2019.
It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) S.Ali/- U T