Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24265 of 2021 Arising Out of PS. Case No.-450 Year-2019 Thana- UDWANTNAGAR District- Bhojpur ====================================================== SUDHIR KUMAR S/o Bijendra Kumar R/o Village- Bajruhan, P.S.- Udwantnagar, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Matloob Rab, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-07-2021 Heard Mr. Ajay Kumar Singh, learned counsel for the petitioner and Mr. Matloob Rab, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Udwantnagar P.S. Case No. 450 of 2019 registered for the offence punishable under Section 392 of the Indian Penal Code. 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 5.11.2020 passed in Cr. Misc. 23101 of 2020 with liberty to renew his prayer for grant of regular bail after three months. The prosecution case in brief is that the tractor of the informant was taken away by four unknown persons on gun point.

Patna High Court CR. MISC. No.24265 of 2021(2) dt.14-07-2021 2/3 Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he is not named in the First Information Report. Learned counsel further submits that the name of the petitioner has transpired on the basis of confessional statement of co-accused Ranjeet Kumar before the Police. Learned counsel next submits that the petitioner is in custody since 16.5.2020 and the 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 the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is in custody since 16.5.2020, the trial is not likely to be concluded in near future due to pandemic and this is second attempt for bail on behalf of the petitioner, 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 Chief Judicial Magistrate, Bhojpur at Ara, in connection with Udwantnagar P.S. Case No. 450 of 2019.

Patna High Court CR. MISC. No.24265 of 2021(2) dt.14-07-2021 3/3 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