Patna High CourtCR. MISC./17751/2022bail granted

Alok Kumar v. The State Of Bihar

2022-07-06Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17751 of 2022 Arising Out of PS. Case No.-45 Year-2020 Thana- JAGDISHPUR District- Bhojpur ====================================================== ALOK KUMAR S/o Nagendra Prasad Gupta @ Narendra Sah Resident of Village- Kahathu, P.S.- Jagdishpur in the district of Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2022 Heard learned counsel for the petitioner and learned counsel appearing for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner seeks bail in a case registered under Section-392 of the Indian Penal Code.

Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the present application taking into consideration that confession of the petitioner has led to recovery of looted article.

A report was called for from the trial court. It has been reported by the trial court vide letter No. 39/2022 dated 30-062022 that the case has been fixed for evidence but till date, no

Patna High Court CR. MISC. No.17751 of 2022(3) dt.06-07-2022 2/2 witness has been examined.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 21-03-2020. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the FIR. The petitioner's name has transpired in this case in course of investigation. The petitioner has already remained in custody for more than two years. There is no likelihood of trial of the petitioner being concluded in near future.

Learned counsel for the State opposed the prayer for bail.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VIII, Bhojpur at Ara in connection with Jagdishpur P.S. Case No. 45 of 2020. (Sudhir Singh, J) A.K.V.//- U T