Anshu Kumar @ Kanchan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23809 of 2020 Arising Out of PS. Case No.-545 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== ANSHU KUMAR @ KANCHAN, son of Raj Kumar Singh, resident of village Dhanaur, P.S. Katra, Distt. Muzaffarpur, at present village Sahbajpur, P.S. Ahiyapur, Distt. Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-11-2020 Heard Mr. Hari Kishore Thakur, learned counsel for the petitioner and Mr. Mritunjay Kumar Nirala, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Minapur P.S. Case No. 545 of 2019 registered for the offences punishable under Section 392 of the Indian Penal Code, 1860.

The allegation as per the First Information Report is that the informant who was posted as Executive Assistant in the office of Sub Divisional Officer,East Muzaffarpur, was returning home, by his Motorcycle bearing registration

Patna High Court CR. MISC. No.23809 of 2020(3) dt.05-11-2020 2/3 No.BR06AG-1580 three criminals accosted him on a Motorcycle and looted his Motorcycle, laptop, purse containing Rs. 7,200/- cash, ATM Card etc. on gun point. Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case on the basis of his confessional statement recorded by the Police. Learned counsel further submits that looted articles have not been recovered from possession of the petitioner and he has not been put on Test Identification Parade. Learned counsel also submits that petitioner is in custody since 24.01.2020.

Having heard learned counsel for the parties and taking into consideration the materials on record, I am inclined to grant regular bail to the petitioner after framing of charge.

Accordingly, let the petitioner, above named, be released on regular bail, after framing of charge, on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, in

Patna High Court CR. MISC. No.23809 of 2020(3) dt.05-11-2020 3/3 connection with Minapur P.S. Case No. 545 of 2019 subject to the condition that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled. 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