Anil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30426 of 2021 Arising Out of PS. Case No.-158 Year-2019 Thana- RAMNAGAR District- West Champaran ====================================================== ANIL SAH S/o Chota Sah @ Chathu Sah Resident of Village- Senwariya, Bharawa Tola, P.s.- Sirisiya O.P., District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-12-2021 Heard Mr. Sanjeev Kumar, learned counsel for the petitioner and Mr. Surendra Kumar, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Ramnagar PS Case No. 158/2019 registered for the offence punishable under Section 379 of the IPC.

The allegation, as per First Information Report, is that the petitioner had gone to the bank for withdrawing some money and had parked his motorcycle but the same was stolen by unknown persons. The name of the petitioner has transpired on the basis of tower location detected by the police during course of investigation.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case with oblique motive inasmuch as no incriminating or stolen article has been

Patna High Court CR. MISC. No.30426 of 2021(2) dt.07-12-2021 2/3 recovered from his possession and the petitioner has not been put on test identification parade. Learned counsel further submits that one co-accused, namely, Farman Mian, against whom, similar allegation is there and whose bail application was rejected by the learned court below along with the petitioner, has been granted bail by a Bench of this Court vide Cr. Misc. No. 13538/2021. Learned counsel next submits that the coaccused, Farman Mian is also having the same criminal antecedents as that of petitioner.

Learned counsel further submits that the petitioner is in custody since 22.09.2020 and the offence is triable by the Magistrate.

Regard being had to the submissions made by the parties and taking into consideration the material on record and the fact that similarly situated co-accused, Farman Mian has already been granted bail by this Court and petitioner is in custody since 22.09.2020, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, ANIL SAH be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st ,

Patna High Court CR. MISC. No.30426 of 2021(2) dt.07-12-2021 3/3 Bagaha, West Champaran in connection with Ramnagar PS Case No. 158/2019.

(Anil Kumar Sinha, J) perwez U T