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Patna High CourtCR. MISC./32063/2021bail granted

Sonu Kumar v. The State Of Bihar

2021-07-14Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32063 of 2021 Arising Out of PS. Case No.-307 Year-2019 Thana- BOCHAHAN District- Muzaffarpur ====================================================== SONU KUMAR S/O LATE RAUDI RAI R/o village- Sahpur Dakhali, P.S.- Kudhani, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nachiketa Jha, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-07-2021 Heard Mr. Nachiketa Jha, learned counsel for the petitioner and Mr. Akshay Lal Pandit, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Bochahan P.S. Case No. 307 of 2019 registered for the offence punishable under Section 395 of the Indian Penal Code. This is second attempt for grant of regular bail on behalf of the petitioner inasmuch as earlier the bail application of the petitioner was rejected by this Court vide order dated 16.10.2020 passed in Cr. Misc. 26790 of 2020 with liberty to renew his prayer for grant of regular bail after six months. The allegation as per the First Information Report is that on 29.8.2019 in the evening while the informant as a Branch Manager of Utkrsh Small Finance Bank at Sarfuddin

Patna High Court CR. MISC. No.32063 of 2021(2) dt.14-07-2021 2/3 Branch was working along with other staff, six unknown miscreants entered into the Branch and looted a sum of Rs.3,95,371/- on the gun point.

Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report and the name of the petitioner has transpired on the basis of confessional statement of co-accused Manoj Sahani. Learned counsel further submits that co-accused Manoj Sahani has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. 37393 of 2020. Learned counsel next submits that the charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence. Having regard to submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is in custody since 28.2.2020, charge sheet has already been submitted and similarly situated co-accused person has been granted bail as well as this is second attempt for bail on behalf of the petitioner, 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.20,000/- (Twenty thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.32063 of 2021(2) dt.14-07-2021 3/3 the satisfaction of learned ADJ VII cum Special Judge, POCSO Act, Muzaffarpur, in connection with Bochahan P.S. Case No. 307 of 2019.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T