Fantoosh Sah @ Fantush Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40116 of 2020 Arising Out of PS. Case No.-240 Year-2020 Thana- BANKA District- Banka ====================================================== Fantoosh Sah @ Fantush Sah, aged about 23 years, Son of Late Radhe Sah Resident of Amarpur, Police Station- Banka, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-08-2021 In view of the sudden resurgence of Covid-19 infection, there is limited functioning of the High Court and, therefore, the matter has been listed today for consideration through virtual mode.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office. Heard learned counsel for the petitioner and learned counsel for the State The petitioner seeks bail in Banka PS Case No. 240 of 2020, instituted for the offence under Section 392 of the Indian Penal Code.

It is the prosecution case that the informant has been

Patna High Court CR. MISC. No.40116 of 2020(6) dt.21-08-2021 2/3 looted of his motorcycle, ATM card, PAN card, Aadhar Card, and mobile phone.

The learned counsel for the petitioner submits that having no criminal antecedents, he is in custody since 30.06.2020. As per prosecution case, he has purchased the motorcycle from co-accused, namely, Sattan Kumar Mandal @ Satto on account of his close friendship with co-accused and was expecting transfer of the same, in accordance with law. In the meantime, he has become a victim of the circumstance. Earlier the case diary had been requisitioned. The learned APP, representing the State, has opposed the prayer for bail. Referring to paragraph No. 47 of the case dairy, wherein, co-accused, namely, Sattan Kumar Mandal @ Satto has confessed to his complicity in the alleged loot and stated that he sold the motorcycle in-question to the instant petitioner.

Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.40116 of 2020(6) dt.21-08-2021 3/3 Chief Judicial Magistrate, Bhagalpur, in connection with Banka P.S. Case No. 240 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T