Adarsh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33615 of 2020 Arising Out of PS. Case No.-147 Year-2020 Thana- DHANAHA District- West Champaran ====================================================== ADARSH KUMAR SINGH S/o Prabhu Nath Singh @ Prabhu R/o villageJangali, Patti, P.S.- Sewarhi, District- Kushinagar (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2020 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 from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 414/34 of the Indian Penal Code and 25(1b)a, 35 of the Arms Act. Prosecution case, in short, is that the accused persons under a planned conspiracy used to steal tractors and sell the same by using criminal force and deadly weapons.

Patna High Court CR. MISC. No.33615 of 2020(2) dt.15-12-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.07.2020. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. As per the allegation, the stolen tractor in question is said to have been recovered on disclosure made by the accused persons including the petitioner. It has further been submitted that the petitioner may be released on bail after completion of six months in custody from 03.07.2020.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail after completion of six months in custody from 03.07.2020 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Bagaha, West Champaran in connection with Dhanaha P.S. case No.147 of 2020. (Sudhir Singh, J) Narendra/- U T