Tuffan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42325 of 2021 Arising Out of PS. Case No.-7 Year-2019 Thana- JALE District- Darbhanga ====================================================== VISHAL SINGH Son of Man Singh Resident of Village - Chandmari (Dandupur), P.S.- Shivpur, Distt.- Varanasi, Uttar Pradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Choudhary, Sr. Adv.

For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-08-2021 Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks regular bail in connection with Jale Police Station Case No. 07 of 2019, registered for the offences punishable under Section 392 of the Indian Penal Code.

This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the prayer for regular bail of the petitioner was dismissed as withdrawn by this Court, vide order, dated 10.11.2020, passed in Criminal Misc. No. 23607 of 2020, giving liberty to the petitioner to renew his prayer for bail after six months from the date of the order.

The prosecution story, as per the First Information Report, is that on 13.01.2019, at about 03:55 PM, three

Patna High Court CR. MISC. No.42325 of 2021(2) dt.18-08-2021 2/3 miscreants entered into the petrol pump of the informant, committed robbery, and fled away with a sum of Rs. 3,50,459/-, along with mobile phones etc.

Learned Senior Counsel for the petitioner submits that the petitioner is not named in the First Information Report and he has been dragged in this case on the basis of the confessional statement of co-accused, made in Sadar Police Station Case No. 440 of 2019. He further submits that no incriminating material has been recovered from the possession of the petitioner and the petitioner has also not been put on Test Identification Parade. He further submits that the petitioner is in custody since 12.02.2020 and the trial is not likely to be concluded in near future due to COVID-19 pandemic.

Regard being had to the submission advanced on behalf of the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 12.02.2020, the trial is not likely to be concluded in near future due to COVID-19 pandemic and this the second attempt on behalf of the petitioner for grant of regular bail, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail,

Patna High Court CR. MISC. No.42325 of 2021(2) dt.18-08-2021 3/3 upon furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, Darbhanga, in connection with Jale Police Station Case No. 07 of 2019. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √