Pravin Sah @ Pravin Kumar @ Praveen Sah @ Praveen Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40716 of 2021 Arising Out of PS. Case No.-140 Year-2020 Thana- BELDOUR District- Khagaria ====================================================== PRAVIN SAH @ PRAVIN KUMAR @ PRAVEEN SAH @ PRAVEEN KUMAR S/o Bhupendra Sah R/o- Soha, Ward No.- 03, P.S.- Sonbarsa (Raj), District- Saharsa ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pawan Kumar, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-08-2021 Heard Mr. Pawan Kumar, learned counsel for the petitioner and Mr. Chandra Sen Prasad Singh, learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Beldaur P.S. Case No. 140 of 2020 registered for the offence punishable under Section 395 of the Indian Penal Code. Subsequently, Section 412 of the Indian Penal Code was added. 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 24.11.2020 passed in Cr. Misc. 30046 of 2020 with liberty to renew his prayer for grant of regular bail after six months.
Patna High Court CR. MISC. No.40716 of 2021(2) dt.25-08-2021 2/3 The prosecution story, as per the First Information Report, is that the tractor and trailor of the informant, loaded with iron rod, along with cash, were looted away by 5-6 unknown criminals and one of the accused persons injected drugs in the arms of the informant, due to which, he lost his consciousness.
Learned counsel for the petitioner submits that the name of the petitioner has transpired on the basis of confessional statement of co-accused Rahul Kumar Sah from whose possession the looted articles have been recovered and similarly situated co-accused persons have been granted bail by co-ordinate Benches of this Court in Cr. Misc. Nos. 41212 of 2021 and 5178 of 2021 respectively. Learned counsel further submits that the petitioner is in custody since 8.6.2020 and the trial is not likely to be concluded in near future due to Covid-19 pandemic. Only cognizance has been taken against the petitioner.
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 8.6.2020, the trial is not likely to be concluded in near future due to Covid-19 pandemic, similarly situated co-accused persons have been
Patna High Court CR. MISC. No.40716 of 2021(2) dt.25-08-2021 3/3 granted bail by co-ordinate Benches of the Court and the trial is not likely to be concluded in near future due to Covid-19 pandemic as well as this is second attempt for grant of regular bail on behalf of the petitioner, 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.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned learned ACJM-IV, Khagaria, in connection with Beldaur P.S. Case No. 140 of 2020. 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