← Library
Patna High CourtCR. MISC./45065/2021bail granted

Ritesh Kumar v. The State Of Bihar

2021-08-25Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45065 of 2021 Arising Out of PS. Case No.-42 Year-2019 Thana- JAMALPUR RAIL P.S. DistrictLakhisarai ====================================================== RITESH KUMAR Son of Kartik Mandal Resident of Village/Muhalla - Paria, Police Station - Bariarpur, District - Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjiv Kumar Singh For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-08-2021 Heard Mr. Sanjiv Kumar Singh, learned counsel for the petitioner and Mr. Satya Nand Shukla, learned counsel appearing for the State through video conferencing. Petitioner renews his prayer for bail in connection with G.R.P. Jamalpur Rail P.S. Case No. 42 of 2019 registered for the offence under Section 379 of the I.P.C. inasmuch as earlier bail application of the petitioner was rejected vide order dated 05/04/2021 passed in Cr. Misc. No. 672 of 2021 (Annexure-1 to the bail petition ) with liberty to renew his prayer for bail afresh after three months.

The prosecution story is that one miscreant entered into the the compartment of the train in which the informant was travelling and he snatched the hand bag in which a sum of

Patna High Court CR. MISC. No.45065 of 2021(2) dt.25-08-2021 2/3 Rs.16,000/- , A.T.M. Cards, mobile phone etc. were kept. The petitioner has been arrested in this case on the basis of recovery of the snatched mobile phone from his possession. Learned counsel for the petitioner submits that petitioner had purchased the mobile in question from a shop and was not aware about the fact that the same was a stolen property. Learned counsel next submits that petitioner is in custody since 27.07.2020 and the trial is not likely to be concluded due to COVID 19 Pandemic.

Regard being had to the submissions made by the parties, taking into consideration the materials available on record and the fact that petitioner is in custody since 27/07/2020, trial is not likely to be concluded in near future due to COVID 19 Pandemic and this is second attempt for 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 bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Kiul in connection with G.R.P. Jamalpur Rail P.S. Case No. 42 of 2019 on the following condition:-

Patna High Court CR. MISC. No.45065 of 2021(2) dt.25-08-2021 3/3 (i) 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.

It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

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