Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22375 of 2020 Arising Out of PS. Case No.-783 Year-2019 Thana- KHAGARIA District- Khagaria ====================================================== SUMAN KUMAR S/o Jitendra Yadav Resident of Village-Chandra Nagar Rako, P.S.-Muffasil, District-Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Ram Naresh Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-09-2020 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. 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.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 461 and 379 of the Indian Penal Code. Prosecution allegation, in short, is that the house hold articles of the informant was looted by the accused persons by

Patna High Court CR. MISC. No.22375 of 2020(2) dt.11-09-2020 2/2 breaking open the lock.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.12.2019 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of confessional statement of co-accused. There is no recovery of any incriminating articles from the possession of the petitioner. The petitioner has not been put on T.I.P. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Chitragupt Nagar) P.S. Case No. 783/2019 (G.R. No. 3119/2019).

(Sudhir Singh, J) Pankaj/- U T