Sikandar Bahardar @ Sikandar Kr. Bahardar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33532 of 2021 Arising Out of PS. Case No.-97 Year-2020 Thana- JOGBANI District- Araria ====================================================== SIKANDAR BAHARDAR @ SIKANDAR KR. BAHARDAR S/O Dayanand Bahardar Resident of village - Palasi, Ward No. 02, P.S. Narpatganj, District - Araria.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Ravish Mr.Sanjay Kumar Sharma For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-12-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Jogbani (Bathnaha) Police Station Case No. 97 of 2020, registered for the offences punishable under Sections 395/397/412 of the Indian Penal Code.
The allegation, as per the First Information Report, is that 10-15 persons, armed with weapons, entered into the godown, situated at Bhadesar, and looted away cash Rs. 15,000/-, including iron rods, batteries, inverters, motor, DVR, mobile phones, vapor light, wi-fi, dongle etc, worth Rs. 2,00,000/- and fled away.
Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.33532 of 2021(2) dt.20-12-2021 2/3 petitioner is not named in the First Information Report and his name has transpired on the basis of the confessional statement of co-accused Anil Kumar, who has been granted bail by the learned Court below itself. He further submits that however, some looted article, i.e. motor, battery, inverter etc. has been recovered from the house of the petitioner in his absence. He next submits that the petitioner is in custody since 23.12.2020, having no criminal antecedent, and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.
Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that charge sheet has already been submitted and the petitioner is in custody since 23.12.2020, having no criminal antecedent, I am inclined to grant regular bail to the petitioner, after framing of charge. This application is, accordingly, allowed.
Let the petitioner, above named, be released on bail, after framing of charge, on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,
Patna High Court CR. MISC. No.33532 of 2021(2) dt.20-12-2021 3/3 Araria, in connection with Jogbani (Bathnaha) Police Station Case No. 97 of 2020.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √