Suresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40194 of 2020 Arising Out of PS. Case No.-50 Year-2020 Thana- PATORI District- Samastipur ====================================================== SURESH KUMAR S/O SHRI AYODHI YADAV RESIDENT OF VILLAGEKORAHIYA, P.S.-JAI NAGAR, DISTRICT-MADHUBANI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Mr.Vaishnavi Singh, Mr. Udbhav, Advocates.

For the Opposite Party/s :

Mr. Akshaylal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-02-2021 Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner and Mr. Akshaylal Pandit, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Patori PS Case No. 50/2020 registered for the offence punishable under Sections 420, 465, 466, 467, 468, 472, 473 of the IPC and Sections 25(1-b)a/26 of the Arms Act.

The allegation, as per First Information Report, is that the Officer Incharge of Patori Police Station, on getting an information that the person, who worked as a liner in LIC, Patori Branch loot case, was staying in a tenanted house situated at Sahpur Mandi, proceeded towards the place of occurrence and upon raid, recovered eight live cartridges and Rs. 30,000/-

Patna High Court CR. MISC. No.40194 of 2020(2) dt.20-02-2021 2/3 of looted amount including, one oddy numbering machine, Adhar Card, PAN card and ID card of Election Commission of India having name of different people.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of secret information received by the police and the petitioner was also implicated in one another Patori PS Case No. 18/2020 registered under Section 395 IPC, in which, petitioner has been granted bail by a Co-ordinate Bench of this Court vide Cr. Misc. No. 25383/2020.

Learned counsel next submits that the petitioner is in custody since 28.02.2020 for almost a year and charge-sheet has already been submitted in the matter and there is no likelihood that the petitioner will abscond or tamper with the evidences. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that the petitioner has been granted bail by a Bench of this Court in a case registered against him under Section 395 IPC in which, the petitioner was remanded and he is custody since 28.02.2020 and charge-sheet has already been submitted in the matter and there is no likelihood that the petitioner will abscond or tamper with the evidences, I am inclined to grant regular bail to the

Patna High Court CR. MISC. No.40194 of 2020(2) dt.20-02-2021 3/3 petitioner.

Accordingly, let the petitioner, SURESH KUMAR be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Samastipur in connection with Patori PS Case No. 50/2020. 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