Chhathu Singh @ Chhatoo Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26786 of 2020 Arising Out of PS. Case No.-295 Year-2018 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== CHHATHU SINGH @ CHHATOO SINGH S/o Late Vishwanath Singh R/o Village- Parsauni, P.S.- Uchkagaon, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Kishore Singh, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-10-2020 Heard Mr. Ram Kishore Singh, learned counsel for the petitioner and Mr. Shailendra Kumar, learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Gopalganj Town P.S. Case No. 295 of 2018 (Sessions Trial No. 647 of 2018) registered for the offences punishable under Sections 381, 120(B) of the Indian Penal Code 1860. Subsequently, Sections 411, 409, 420, 379, 413 and 414 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 a co-ordinate Bench of this
Patna High Court CR. MISC. No.26786 of 2020(2) dt.16-10-2020 2/3 Court by an order dated 5.10.2018 passed in Cr. Misc. 51795 of 2018 with a direction to the learned court below to expedite the trial.
Learned counsel for the petitioner submits that the trial is not going on right now and the trial court is vacant. Learned counsel further submits that the petitioner is in custody since 20.06.2018 and other co-accused persons namely, Pramod Kumar Shrivastava and Pappu Kumar have been granted regular bail by a co-ordinate Bench of this Court as well as Hon'ble Supreme Court.
The allegation against the petitioner as per the First Information Report is that he being an orderly was posted in Senior Secondary School, Gopalganj, and answer-sheet/copies of the BSEB examination 2018 were kept in the strong room of the school which has allegedly been sold to the scrap dealer by him and other accused persons.
Having heard learned counsel for the parties and taking into consideration the materials on record, the fact that similarly situated co-accused persons have been granted regular bail and petitioner has remained in custody since 20.06.2018 i.e. about 2 1⁄2 years, I am inclined to grant regular bail to the petitioner.
Patna High Court CR. MISC. No.26786 of 2020(2) dt.16-10-2020 3/3 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 the satisfaction of learned Additional Sessions Judge VIIIth, Gopalganj, in connection with Gopalganj Town P.S. Case No. 295 of 2018 (Sessions Trial No. 647 of 2018) 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 lockdown and social distancing.
(Anil Kumar Sinha, J) S.Ali/- U T