Govind Kumar @ Govinda Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70528 of 2021 Arising Out of PS. Case No.-369 Year-2021 Thana- BETTIAH CITY District- West Champaran ====================================================== GOVIND KUMAR @ GOVINDA KUMAR S/o Late Shankar Sah R/o village- Puraini Gudari, Ward No. 10, at present R/o Mohalla- Nauranga Bagh, Ward No. 33, P.S.- Bettiah Town, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-06-2022 Heard.

The petitioner seeks regular bail in connection with Bettiah (T) P.S. Case No. 369 of 2021, registered for the offence punishable under sections 379/461 of the Indian Penal Code.

The allegation is regarding unknown miscreants having committed theft in the clinic of the informant and they are stated to have stolen Xray machine, LED TV etc. It is alleged that from the house of the petitioner certain stolen articles were recovered.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been

Patna High Court CR. MISC. No.70528 of 2021(2) dt.09-06-2022 2/3 falsely implicated in the present case and is languishing in custody since 24.06.2021. It is also submitted that though the petitioner is an accused in two other cases but he is on bail in said two cases. The learned counsel for the petitioner has further submitted that only one article i.e. LED TV has been found to be resembling the alleged LED TV stolen from the clinic in question, however, till date no Test identification parade for the said LED TV has been held so as to connect the petitioner with the alleged crime.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner as also considering the fact that no Test Identification Parade of the LED TV in question has been held till date apart from the fact that the petitioner is having a clean antecedent, I deem it fit and proper

Patna High Court CR. MISC. No.70528 of 2021(2) dt.09-06-2022 3/3 to admit the petitioner to the privilege of bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned court of C.J.M., Bettiah, West Champaran in connection with Bettiah (T) P. S. Case No. 369 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U