Sandeep Saurav @ Butela @ Butal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28871 of 2020 Arising Out of PS. Case No.-183 Year-2019 Thana- KHODAWANDPUR District- Begusarai ====================================================== SANDEEP SAURAV @ BUTELA @ BUTAL Son of Lalan Singh Resident of Village - Bajalpura, P.S. - Teghara, District - Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-11-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioner and Sri Ashok Kumar, the learned APP for the State.

The petitioner seeks regular bail in connection with Khodawanpur PS case no. 183 of 2019 instituted for the offence punishable under Section 394 of Indian Penal Code. The case of the prosecution in brief is that when the informant had proceeded from his home to Rosera on his motorcycle, on the way, he got a phone call of one Ranjit, whereupon he had parked his motorcycle besides the road and was talking to him, however in the meantime, two motorcycle borne miscreants had arrived there and caught him, whereupon

Patna High Court CR. MISC. No.28871 of 2020(2) dt.13-11-2020 2/2 they had snatched his mobile and assaulted him with iron rod and had then fled away.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 06.02.2020. It is further submitted that the petitioner is not named in the FIR and has been falsely implicated in the present case on account of his bad antecedent, however the fact is that the snatched motorcycle has been recovered from the petitioner in another case bearing Dalsingsarai PS case no. 253 of 2019. Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the parties and taking into account the period of incarceration of the petitioner as also the fact that the petitioner has not been named in the FIR, I deem it fit and appropriate to release the abovenamed petitioner on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Manjhaul, Begusarai in connection with Khodawandpur PS case no. 183 of 2019. (Mohit Kumar Shah, J) rinkee/- U T