Lalan Kumar @ Lalan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35386 of 2020 Arising Out of PS. Case No.-120 Year-2020 Thana- GHORASAHAN District- East Champaran ====================================================== Lalan Kumar @ Lalan Yadav son of Ramprit Ray @ Nagendra Yadav resident of Village - Semra Ward No. 2, P.S. - Muffasil Motihari, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar .

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Mr. Umesh Chandra Verma, Advocates.

For the Opposite Party/s :

Mrs. Pushpa Sinha-1. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-12-2020 Heard Mr. Abhishek Kumar, learned counsel for the petitioner and Mrs. Pushpa Sinha-1, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Ghorasahan (Lakhaura) PS Case No. 120/2020 registered for the offence punishable under Section 379 of the IPC.

3. The allegation, as per First Information Report, is that motorcycle of the informant, Murari Singh, was found missing in the night of 31.06.2020 from his parking area.

4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR and the motorcycle, in question, has been recovered from the house of the petitioner which was parked over there. Learned counsel further submits

Patna High Court CR. MISC. No.35386 of 2020(2) dt.22-12-2020 2/3 that petitioner has got no criminal antecedents and during course of investigation, one co-accused, Ravi Kumar was arrested, who, in his confessional statement, disclosed that the motorcycle, in question, is parked in the house of the petitioner.

5. Learned counsel next submits that the petitioner has got no knowledge about the fact that the said motorcycle was stolen one and the same was parked by the co-accused, Ravi Kumar in the house of the petitioner. It is also submitted that the petitioner is in custody since 06.04.2020 and chargesheet has already been submitted by the police in this case and there is no likelihood that the petitioner will abscond or tamper with the evidence.

6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 06.04.2020 having no criminal antecedents and charge-sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner.

7. Accordingly, let the petitioner, LALAN KUMAR @ LALAN YADAV be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.35386 of 2020(2) dt.22-12-2020 3/3 amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahna at Dhaka, East Champaran in connection with Ghorasahan (Lakhaura) PS Case No. 120/2020.

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

(Anil Kumar Sinha, J) perwez U T