Ramchandra Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26819 of 2020 Arising Out of PS. Case No.-82 Year-2019 Thana- KHUTAUNA District- Madhubani ====================================================== RAMCHANDRA SAH S/o Late Raj Kumar Sah R/o Village- Siswar, P.S.- Phulparas, District- Madhubani.
... ... Petitioner
Versus
THE STATE OF BIHAR .. ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ashok Kumar, Advocate Mr. Arvind Kumar, Advocate For the Opposite Party :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-10-2020 Heard Mr. Ashok Kumar, learned counsel appearing on behalf of the petitioner and Mr. Jagdhar Prasad, learned Additional Public Prosecutor, for the State of Bihar. This application for grant of regular bail arises out of Khutauna P.S. Case No. 82 of 2019, registered for the offence punishable under Sections 379, 411 of the Indian Penal Code. The petitioner is in custody since 12.09.2019. The F.I.R. was registered against unknown. Allegedly, the informant's motorcycle was stolen by the miscreants. The said motorcycle was subsequently found parked in front of the petitioner's house.
Learned counsel appearing on behalf of the petitioner has argued that the petitioner has been implicated with the allegation that the motorcycle was recovered from his
Patna High Court CR. MISC. No.26819 of 2020(3) dt.20-10-2020 2/3 possession, which is not a fact. He has further submitted that the petitioner has no criminal antecedent and since charge-sheet has been submitted, no tangible purpose would be served if the petitioner is allowed to remain in custody anymore. Considering the submissions noted above and the fact that the petitioner is in custody since 12.09.2019, this application is allowed.
Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III, Jhanjharpur, Madhubani, in Khutauna P.S. Case No. 82 of 2019.
It is directed that the defect(s) in the application, pointed out by the Registry, must be removed within two months.
Since COVID-19 pandemic situation is prevailing, the Court has considered it appropriate to adopt following procedure for communication of the present order :- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be
Patna High Court CR. MISC. No.26819 of 2020(3) dt.20-10-2020 3/3 transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.
(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential-office for documentation and future use, if any.
(iv) Let a copy of the order be communicated to the learned Court below through e-mail or any other appropriate electronic mode by the Registry.
Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social distancing.
(Chakradhari Sharan Singh, J) Pawan/- U T