Sohan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31109 of 2021 Arising Out of PS. Case No.-180 Year-2020 Thana- GOPALPUR District- Patna ====================================================== SOHAN KUMAR S/o Dinesh Singh R/o village- Mohammadpur, P.S.- Didarganj, District- Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jagdish Prasad Singh, Advocate For the Opposite Party/s :
Md. Ataur Rahman, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-12-2021 Heard Mr. Jagdish Prasad Singh, learned counsel for the petitioner and Md. Ataur Rahman, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Gopalpur P.S. Case No. 180 of 2020 registered for the offence punishable under Section 379 of the Indian Penal Code 1860. Subsequently, Section 411 of the Indian Penal Code was added. The allegation as per the First Information Report is that the informant had parked his Motorcycle bearing Registration No. BR-01-BJ-4086 near Kanauji city apartment, which was stolen by unknown person. The petitioner was arrested with the aforesaid Motorcycle along with some other persons, for which, a separate First Information Report bearing Gopalpur P.S. Case No. 179 of 2020 has been registered against
Patna High Court CR. MISC. No.31109 of 2021(2) dt.10-12-2021 2/3 the petitioner under Section 414 Indian Penal Code. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. Learned counsel further submits that in second case bearing Gopalpur P.S. Case No. 179 of 2020, in which the petitioner was arrested allegedly along with the stolen Motorcycle, has been granted bail by learned court below itself. He next submits that the petitioner is in custody since 2.9.2020 and the charge sheet has already been submitted.
Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is in custody since 2.9.2020, charge sheet has already been submitted and the offence is triable by the Magistrate, 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.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 9th, Patna, Distt. Patna, in connection with Didarganj P.S. Case No. 180 of 2020.
It is made clear that at the time of furnishing bail
Patna High Court CR. MISC. No.31109 of 2021(2) dt.10-12-2021 3/3 bonds all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) S.Ali/- U T