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Patna High CourtCR. MISC./69380/2019bail granted

Bisnu Kumar @ Bisnu Kumar Sah v. The State Of Bihar

2020-06-09Mr. Justice Birendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69380 of 2019 Arising Out of PS. Case No.-281 Year-2018 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== BISNU KUMAR @ BISNU KUMAR SAH, Son of Ram Babu Sah @ Baon Sah, Resident of Village - Gangwara, P.S. - L.N.M.U. (University), District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-06-2020 The matter has been taken up through Video Conferencing.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. The FIR of the occurrence of robbery is against unknown. The petitioner is in custody since 03.12.2018. Name of the petitioner surfaced in confessional statement of coaccused Chandan Kumar and thereafter rupees seventy one thousand five hundred and odd was recovered from the house of the petitioner and it is said that the same was the part of the looted cash.

Patna High Court CR. MISC. No.69380 of 2019(2) dt.09-06-2020 2/3 In the past, prayer for bail was refused on 11.06.2019 vide order at Annexure-2.

Submission is that other co-accused, having identical allegation, have already been allowed bail. Petitioner has got no criminal antecedent. There is no chance of conclusion of the trial in near future due to COVID effect.

Considering the entire facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with University (L.N.M.U.) Police Station Case No. 281 of 2018, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned court below.

If the petitioner would not be able in furnishing sureties due to lockdown, he shall be provisionally released on

Patna High Court CR. MISC. No.69380 of 2019(2) dt.09-06-2020 3/3 his personal bond and the provisional bail shall be confirmed only after production of the bailors within fifteen days of restoration of normal function of the Court.

(Birendra Kumar, J) Kundan/- U T