Sushil Bhandari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24720 of 2020 Arising Out of PS. Case No.-153 Year-2019 Thana- BAJPATTI District- Sitamarhi ====================================================== Sushil Bhandari, S/o Raj Kumar Bhandari, Resident of Village-Piparahi, P.S.- Bajpatti, District-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar, Advocate For the Opposite Party/s :

Mr. Jai Narayan Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-09-2020 Since as of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through video conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Bajpatti P.S. Case No.153 of 2019 registered for the offence punishable under Section 392 of the Indian Penal Code and Section 25(1b)A of the Arms Act. The case of the prosecution is that three unknown

Patna High Court CR. MISC. No.24720 of 2020(2) dt.24-09-2020 2/3 miscreants have looted away the bag containing cash and laptop etc. at pistol point from the informant.

Petitioner's counsel submits that it is a case of false implication. There is no recovery of incriminating articles from the petitioner and he is in custody since 10.07.2019. Chargesheet has also been submitted and the petitioner is on bail in the earlier five cases filed against him. It is also submitted that he was not put on T.I. Parade.

Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, 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 learned S.D.J.M., Pupri, Sitamarhi, in connection with Bajpatti P.S. Case No.153 of 2019, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

Patna High Court CR. MISC. No.24720 of 2020(2) dt.24-09-2020 3/3 (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T