Bittu Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45694 of 2021 Arising Out of PS. Case No.-240 Year-2019 Thana- HASANPUR District- Samastipur ====================================================== BITTU THAKUR Son of Kameshwar Thakur Resident of Village- Sakhwa, P.S.- Bithan, District- Samastipur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Mishra For the Opposite Party/s :

Mrs. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-08-2021 Heard Mr. Ashok Kumar Mishra, learned counsel for the petitioner and Mrs. Madhuri Lata, learned counsel appearing for the State through video conferencing. Petitioner renews his prayer for bail in connection with Hasanpur P.S. Case No. 240 of 2019 registered for the offence under Section 392 of the I.P.C. inasmuch as earlier bail application of the petitioner was rejected vide order dated 16/04/2021 passed in Cr. Misc. No. 7873 of 2021 (Annexure-1 to the bail petition ) with liberty to renew his prayer for bail after three months.

The prosecution case in brief is that the informant, who is a Guard of the S.B.I. Bank after closing the Bank at about 5:30 P.M. was returning on his motorcycle when suddenly four miscreants intercepted the informant and on point

Patna High Court CR. MISC. No.45694 of 2021(2) dt.25-08-2021 2/3 of pistol snatched his motorcycle, mobile phones, a sum of Rs. 7,000/- etc.

Learned counsel for the petitioner submits that no looted article and / or incriminating material has been recovered from the possession of the petitioner and his name has transpired on the basis of the confessional statement of the coaccused / Lal Vijay Sahu, who has been granted bail in B.P. No. 232 of 2020 by the court below itself. Learned counsel submits that petitioner is in custody since 27-06-2020 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 that petitioner is in custody since 27/06/2020, 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. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Rosera, Samastipur in connection with Hasanpur P.S. Case No. 240 of 2019.

Patna High Court CR. MISC. No.45694 of 2021(2) dt.25-08-2021 3/3 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