Biru Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.666 of 2021 Arising Out of PS. Case No.-173 Year-2019 Thana- BHAGWANPUR District- Vaishali ====================================================== BIRU BHAGAT Son of Mahendra Bhagat Resident of Village - Chak Majahid, P.S.- Mahua, District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-07-2021 Heard Mr. Umesh Chandra Verma, learned counsel for the petitioner and Mr. Umesh Lal Verma, learned counsel appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Bhagwanpur P.S. Case No. 173 of 2019 registered for the offence under Section 394 of the I.P.C.
The prosecution case is that four unknown miscreants entered into S.B.I. Customer Service Centre and looted away a sum of Rs. 3,19,664/- from the cash counter as well as Rs. 10,000/- and Rs. 1500/- from the customers and resorted to firing also.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of his self inculpatory confessional statement recorded by the
Patna High Court CR. MISC. No.666 of 2021(4) dt.09-07-2021 2/3 Police in an another case bearing Sarai P.S. Case No. 267 of 2019. Learned counsel submits that petitioner has been granted bail by a Co-ordinate Bench of this Court in Sarai P.S. Case No. 267 of 2019 vide Cr. Misc. No. 28570 of 2020 . Learned counsel next submits that petitioner is in custody since 10/2/2020 and charge sheet has already been submitted in the matter. Learned counsel further submits that no looted and / or any incriminating material has been recovered from the possession of the petitioner and he has not been put on T.I. Parade up till now. Having regard to the submissions made by the parties and taking into consideration the materials available on record , the fact that petitioner is in custody since 10.2.
2020, no incriminating material has been recovered from his possession, he was not put on T.I. Parade and charge sheet has already been submitted, 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 1st Additional Chief Judicial Magistrate , Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 173 of 2019.
It is made clear that at the time of furnishing bail bond
Patna High Court CR. MISC. No.666 of 2021(4) dt.09-07-2021 3/3 all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) praful/- U T