Baiju Kumar @ Baiju Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40439 of 2021 Arising Out of PS. Case No.-665 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== BAIJU KUMAR @ BAIJU SAHANI Son of Lalbabu Sahni Resident of Village- Jhapahan Dih, P.S.- Ahiyapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-01-2022 Heard the parties through video conferencing. Petitioner seeks regular bail in connection with Ahiyapur P.S. Case No. 665 of 2019 registered for the offence under Section 392 of the I.P.C.

Four unknown miscreants riding on a motorcycle accosted the informant and looted away his Apache motorcycle , Rs. 2500/- in cash and mobile.

Learned counsel for the petitioner submits that petitioner is not named in the FIR and has falsely been implicated in this case on the basis of his confessional statement recorded in Ahiyapur P.S. Case No. 136 / 2020 in which the petitioner was arrested under Sections 272 / 273 & 34 of the IPC , Section 30 (a) and 36 of the Bihar Prohibition and Excise Act 2016. Learned counsel further submits that no looted article has been recovered from the possession of the petitioner, he has not been put on T.I. Parade, he is in custody since 29 / 9 / 2020, charge sheet has already been submitted and trial is not likely to

Patna High Court CR. MISC. No.40439 of 2021(2) dt.27-01-2022 2/2 be concluded in near future due to Covid 19 pandemic. Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that no looted article has been recovered from the possession of the petitioner, he is in custody since 29 / 9 / 2020 , charge sheet has already been submitted and trial is not likely to be concluded in near future due to Covid 19 pandemic, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 9th, Muzaffarpur (East) in connection with Ahiyapur P.S. Case No. 665 of 2019 on the following condition:- (a) that the petitioner shall remain present on each and every date during the course of trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall liable to be cancelled.

(Anil Kumar Sinha, J) praful/- U T