Lallan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19630 of 2020 Arising Out of PS. Case No.-270 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== LALLAN DAS, (Male), aged about 22 years, Son of Late Shivjee Das, Resident of Village- Koderiya, P.S.- Kajra, District- Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Saroj Kumar, Advocate.

For the Opposite Party :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Section 379 of the I.P.C.

The prosecution story, in brief, is that the informant is the owner of the Tractor bearing Registration No. BR-01GF6580 and on 22.04.2019 at 11.00 P.M. he was going by the said Tractor with Trailer bearing Registration No. BR-01GF-6574 having Sand and the driver went to dinner after parking his Tractor near Beer Factory, Kopa, but when he returned, he did

Patna High Court CR. MISC. No.19630 of 2020(2) dt.19-06-2020 2/3 not find the said vehicle and informed him by telephone regarding the incident. He reached there and tried to search out the vehicle in question but could not succeed. Hence, it is alleged that his Tractor has been theft by unknown miscreants. It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 05.11.2019. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in the present case on the basis of his self confession made before the police. There is no recovery of any incriminating article from possession of the petitioner. The petitioner has not been put on T.I. Parade to ascertain his participation in the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, let the petitioner above named, be released on bail on his personal bond to the satisfaction of the learned A.C.J.M.-II, Danapur in connection with Naubatpur P.S.

Patna High Court CR. MISC. No.19630 of 2020(2) dt.19-06-2020 3/3 Case No. 270 of 2019.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar.

(Sudhir Singh, J) U.K./- U T