Shibu @ Suresh Yadav @ Suresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38258 of 2021 Arising Out of PS. Case No.-270 Year-2019 Thana- KHAGAUL District- Patna ====================================================== SHIBU @ SURESH YADAV @ SURESH KUMAR S/O MEVA LAL YADAV R/o village- Joravganj, P.S.- Kodha, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Anzarul Haque Sahara, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-08-2021 Heard Mr. Ram Sumiran Rai, learned counsel for the petitioner and Md. Anzarul Haque Sahara, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Khagaul P.S. Case No. 270 of 2019 registered for the offences punishable under Section 392 of the Indian Penal Code 1860. 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 this Court vide order dated 5.11.2020 passed in Cr. Misc. 27775 of 2020 with liberty to renew his prayer for grant of regular bail after six months. The prosecution story as per the First Information Report is that the informant was intercepted by two miscreants

Patna High Court CR. MISC. No.38258 of 2021(2) dt.18-08-2021 2/3 riding on Motorcycle and on the gun point they snatched a sum of Rs.5,00,000/- from the informant.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of his confessional statement recorded in another case being Khagaul P.S. Case No. 283 of 2019. Learned counsel next submits that the petitioner is in custody since 21.1.2020 and the trial is not likely to be concluded in near future due to Covid-19 pandemic.

Regard being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is in custody since 21.1.2020, the trial is not likely to be concluded in near future due to Covid-19 pandemic as well as this is second attempt on behalf of the petitioner for grant of regular bail, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, V, Danapur, in connection with Khagaul P.S. Case No. 270 of 2019 subject to the condition that the petitioner will be well

Patna High Court CR. MISC. No.38258 of 2021(2) dt.18-08-2021 3/3 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 social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T