Bhushan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30933 of 2020 Arising Out of PS. Case No.-237 Year-2020 Thana- GARKHA District- Saran ====================================================== BHUSHAN SAH, Male, age about 20 years, S/o- Jairam Sah, Resident of Village- Itahia Hatiyan, P.S.- Chapra Muffasil, District- Saran at Chapra. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Nawal Kishore Singh, Advocate.

For the Opposite Party :

Mr. Shailendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 399, 402, 413, 414, 420, 468/34 of the I.P.C. and 25(1-b)a, 26 and 35 of the Arms Act.

Patna High Court CR. MISC. No.30933 of 2020(2) dt.25-11-2020 2/3 The prosecution story, in brief, is that during patrolling duty, the police apprehended this petitioner alogwith other co-accused persons. On search, One Hero Splender Motorcycle is said to have been recovered from possession of this petitioner. Other articles have also been recovered from possession of other co-accused.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 05.06.2020. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner had knowledge that the Motorcycle in question is a stolen property. There is no compliance of Section 100 of Cr. P.C.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VIIth, Saran at Chapra, in connection with Garkha

Patna High Court CR. MISC. No.30933 of 2020(2) dt.25-11-2020 3/3 P.S. Case No. 237 of 2020.

U.K./- (Sudhir Singh, J) U T