Hearing a second attempt for regular bail, the Patna High Court granted bail to the petitioner accused of offences under Sections 356 and 379 IPC, considering his custody duration, charge sheet submission, and trial delay due to the pandemic.
Release of the petitioner on bail by furnishing bonds of Rs. 25,000 with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12808 of 2021
Arising Out of PS. Case No.-20 Year-2020 Thana- BIHARIGANJ District- Madhepura
======================================================
SUMAN KUMAR Son of Naresh Yadav Resident of Village- Rajganj, Ward No. -8, P.S.- Bihariganj, District- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Ms.Veena Kumari Jaiswal ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 11-08-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Bihariganj Police Station Case No. 20 of 2020, registered for the offences punishable under Sections 356/379 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 12.11.2020, passed in Criminal Misc. No. 23912 of 2020, giving liberty to the petitioner to renew his prayer for bail after three months from the date of the order.
The prosecution story, as per the First Information Report, is that the informant was intercepted by four unknown
Patna High Court CR. MISC. No.12808 of 2021(2) dt.11-08-2021 2/3
miscreants riding on a motorcycle and they snatched away the motorcycle of the informant and fled away.
Learned Counsel for the petitioner submits that the petitioner is not named in the First Information Report and he has been dragged in this case on the basis of the confessional statement of co-accused Prince Kumar. He further submits that the petitioner is in custody since 25.02.2020 and charge sheet has been submitted in this case and as such, there is no likelihood of the petitioner being abscond or tamper with the evidence.
Regard being had to the submission advanced on behalf of the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 25.02.2020, charge sheet has been submitted in this case, the trial is not likely to be concluded in near future due to COVID19 pandemic and this the second attempt on behalf of the petitioner for grant of regular bail, I am inclined to grant regular bail to the petitioner.
This application is, accordingly, allowed.
Let the petitioner, above named, be released on bail, upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.12808 of 2021(2) dt.11-08-2021 3/3
satisfaction of learned Judicial Magistrate, 1st Class, Udakishunganj, Madhepura, in connection with Bihariganj Police Station Case No. 20 of 2020.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
3 issues framed by the court
Whether bail should be granted to the petitioner who is in custody and whose trial is delayed due to the pandemic.
Whether the petitioner's non-inclusion in the FIR and submission of charge sheet justify granting bail.
Whether the petitioner furnishing bail bonds would satisfy the court's requirements.
1 provisions across 1 enactments
Suman Kumar
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
