Karan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23608 of 2020 Arising Out of PS. Case No.-57 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== KARAN SAH S/o Pankaj Sah Resident of Village-Khorampur, P.S.-Matihani, District-Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Braj Bhushan Poddar, Advocate For the Opposite Party/s :

Mr. Raj Kishore Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-09-2020 Heard Mr. Braj Bhushan Poddar, learned counsel for the petitioner and Mr. Raj Kishore Singh, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Begusarai Muffasil P.S. Case No. 57 of 2020 registered for the offence punishable under Sections 401 and 414/34 of the Indian Penal Code 1860.

The allegation against the petitioner as per the First Information Report is that when the Police during patrolling duty reached at Dumri Dhala, saw three persons coming on Motorcycle. The Police intercepted one person riding on Motorcycle and apprehended. On seeing the Police Party other

Patna High Court CR. MISC. No.23608 of 2020(2) dt.15-09-2020 2/3 persons fled away. The apprehended person disclosed his name as Mintu Kumar from whom stolen articles were recovered. The name of the petitioner has been disclosed by the co-accused who was arrested by the Police.

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 on the basis of confessional statement made by the arrested co-accused. Learned counsel further submits that the petitioner has got no criminal antecedent and no incriminating material has been recovered from his possession. Learned counsel also submits that the materials which have been recovered from possession of arrested co-accused are; Khanti, emergency light, broken induction stove, Motorcycle etc. The petitioner is in custody since 07.02.2020.

Having regard to the submissions made by the parties and taking into consideration the materials on record and also the fact that no incriminating material has been recovered from possession 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.10,000/-

Patna High Court CR. MISC. No.23608 of 2020(2) dt.15-09-2020 3/3 (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Begusarai Muffasil P.S. Case No. 57 of 2020. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

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