Bhola Thathera @ Sanjay Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18371 of 2020 Arising Out of PS. Case No.-908 Year-2019 Thana- PATRAKARNAGAR District- Patna ====================================================== BHOLA THATHERA @ SANJAY SAH Son of Munna Prasad Sah At present C/o Raju Kumar, S/o Prakash Sah of Village - Bela Bazar, P.S.- Bela, Dist.- Gaya, At present resident of Sakrigali, P.S.- Alamganj, Dist.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rudra Deo For the Opposite Party/s :
Mr. Ashok Kumar Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-06-2020 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 Shri Ashok Kumar, learned A.P.P. for the State. The petitioner seeks regular bail in connection with Patrakar Nagar P.S. Case No. 908 of 2019 for the offence punishable under Section 414 of the Indian Penal Code and Sections 25(1-b)a/26 of the Arms Act.
The allegation, according to the informant who is the S.H.O. of Patrakarnagar Police Station, is that he got a secret information that two persons were roaming about on a
Patna High Court CR. MISC. No.18371 of 2020(2) dt.05-06-2020 2/3 motorcycle and they were engaged in snatching gold chains whereafter the informant along with the police party had reached near the gate of Kendriya Vidyalaya and had apprehended the said two miscreants and as far as the petitioner is concerned, upon search, one country made pistol and two live bullets were recovered.
The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and is languishing in custody since 09.11.2019. It is further submitted that though the petitioner is accused in four other cases but he is on bail in the said four cases. It is also submitted that the petitioner is ready to abide by such conditions as may be deemed fit and proper to be imposed for the purposes of grant of bail to the petitioner. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also taking into account the period of incarceration of the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail.
Patna High Court CR. MISC. No.18371 of 2020(2) dt.05-06-2020 3/3 Accordingly, the petitioner, above named, is directed to 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, Patna in connection with Patrakar Nagar P.S. Case No. 908 of 2019.
It is needless to state that the petitioner would mark his attendance before the Officer In-Charge of the concerned Police Station at 10:00 A.M. on every Monday of the week and in the event of his failure to do so on two consecutive occasion, the present privilege of bail shall stand cancelled automatically and the petitioner shall be taken into custody forthwith. (Mohit Kumar Shah, J) S.Sb/- U T