Sidhayant Kumar @ Lalu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38748 of 2020 Arising Out of PS. Case No.-110 Year-2018 Thana- MAHUA District- Vaishali ====================================================== SIDHAYANT KUMAR @ LALU SON OF ANAND KUMAR SINGH @ TUNA SINGH RESIDENT OF VILLAGE- KAREHON, P.S.- MAHUA, DISTRICT- VAISHALI ... ... Petitioner

Versus

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

For the Petitioner/s :

Mrs.Bela Singh For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-03-2021 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 395 and 397 of the Indian Penal Code. The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application taking into account that Rs. 17,100/- was recovered along with one country made pistol and one live cartridge from the possession of the petitioner.

A report was called for from the Trial Court. It has been reported that none of the prosecution witnesses has been examined till date.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.06.2018. Chargesheet/prosecution report has been submitted in this case. There

Patna High Court CR. MISC. No.38748 of 2020(3) dt.24-03-2021 2/2 is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The petitioner has not been put on T.I.P. to ascertain his participation in the alleged occurrence nor the recovered amount of Rs. 17,100/- has been put on T.I.P. to ascertain whether the same is looted amount or not. It is further submitted that there is no chance of trial being concluded in near future. Other coaccuseds have been granted bail vide Annexures- 3 and 4 to the present application.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-5th, Vaishali in connection with Sessions Trial No. 162/2019 arising out of Mahua P.S. Case No. 110/18.

(Sudhir Singh, J) Pankaj/- U T