Ashok Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30102 of 2020 Arising Out of PS. Case No.-293 Year-2019 Thana- CHANPATIA District- West Champaran ====================================================== ASHOK SAH S/o Mohan Sah R/o Vill.-Balua Ramapurawa, P.S.-Bairiya, Distt.-West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar, Adv.
For the Opposite Party/s :
Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-11-2020 Heard Mr. Sanjeev Kumar, learned counsel for the petitioner and Ms. Madhuri Lata, Additional Public Prosecutor for the state through video conferencing.
2. Petitioner seeks regular bail in connection with Chanpatia PS Case No. 293/2019 registered for the offence punishable under Sections 379/120B/34 of the IPC.
3. The allegation, as per First Information Report, is that some unknown thieves stolen away Automated Teller Machine (ATM) installed at Tikuliya Chowk containing Rs. 28,83,400/-
4. Learned counsel for the petitioner submits that a case has been registered against the petitioner bearing Bairiya PS Case No. 324/2019 under Sections 413, 414, 34 of the IPC and Section 25(1-b)a, 26/35 of the Arms Act, in which the alleged stolen amount to the tune of Rs. 3,39,000/- was recovered from the possession of petitioner along with fire arms and other articles and on that basis, the petitioner has been named in the present FIR
Patna High Court CR. MISC. No.30102 of 2020(2) dt.26-11-2020 2/2 registered under Sections 379/120B/34 of the IPC. Learned counsel further submits that petitioner is in custody since 04.12.2019.
5. Having regard to the submissions made by the parties and taking into consideration the material on record and the period of custody, I am inclined to grant regular bail to the petitioner after completion of one year of his custody, subject to the conditions that petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.
6. Accordingly, let the petitioner, ASHOK SAH be released on bail, after completion of one year of custody, on furnishing bail bond of Rs. 25,000/- (Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Chanpatia PS Case No. 293/2019.
7. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.
(Anil Kumar Sinha, J) perwez U T