Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4067 of 2021 Arising Out of PS. Case No.-366 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== SUMAN KUMAR Son of Yogendra Mahto Resident of Village - Khadiyahi, P.S.- Bibhutipur, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr. Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-06-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Teghra Police Station Case No. 366 of 2019, registered for the offence punishable under Section 392 of the Indian Penal Code. This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the prayer for regular bail of the petitioner was rejected by this Court, vide order, dated 29.01.2020, passed in Criminal Misc. No. 4928 of 2020. The allegation, as per the First Information Report, is that one Bolero vehicle was snatched by unknown miscreants and the petitioner, along with other co-accused persons, was arrested from the vehicle in question.

Patna High Court CR. MISC. No.4067 of 2021(3) dt.23-06-2021 2/3 Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and the fact of the case is that the petitioner had taken lift from his co-villager, Chandan Kumar, in the vehicle in question. He further submits that the petitioner is in custody since 21.10.2019, i.e. for about 18 months, and the trial is not likely to be concluded in near future due to COVID-19 pandemic. This Court, vide order, dated 24.03.2021, had called for a report from the learned Court below regarding the stage of the case and in pursuance of the said order, a report has been submitted by learned Incharge 4th Additional Sessions Judge, Begusarai, and from perusal of the same, it would be evident that charges have not yet been framed in this case.

After having heard learned Counsel for the parties and taking into consideration the fact that the petitioner has remained in custody for more than eighteen months and there is no likelihood of the trial being concluded in near future, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, after framing of charge, upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like

Patna High Court CR. MISC. No.4067 of 2021(3) dt.23-06-2021 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Teghra Police Station Case No. 366 of 2019.

This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √