Maharana Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16385 of 2021 Arising Out of PS. Case No.-8 Year-2020 Thana- SONBERSA District- Saharsa ====================================================== MAHARANA KUMAR Son of Bachchi Ram Resident of Village - Chorhli, P.S.- Beldaur, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Sinha, Adv For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 14-09-2021 In view of sudden resurgence of COVID - 19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode.

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

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in connection with Sonbarsa Raj (Kashnagar O.P) P.S. Case No. 8 of 2020 registered under Section 392 of the Indian Penal Code.

As per the FIR three boys have intercepted the

Patna High Court CR. MISC. No.16385 of 2021(2) dt.14-09-2021 2/3 informant and from his pocket as well as his brother-in-law's pocket 10,000 (ten thousands) each has been taken out. Mobile phone has also been looted along with key of motorcycle. While petitioner was in custody in connection with Beldaur P.S. Case No. 9/2020, he has been remanded in this case and he is in custody since 29.2.2020.

It is submitted by petitioner's counsel that there is no recovery of any material to connect the petitioner with the alleged occurrence. It is further submitted that since he was implicated in three cases before, he has also been dragged in the instant case. There is no allegation that perpetrators have had their face covered. Petitioner has not even been put on T.I. Parade. Under such circumstances, he is in custody now since 29.2.2020.

Learned APP has opposed the prayer for bail.

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 bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate,

Patna High Court CR. MISC. No.16385 of 2021(2) dt.14-09-2021 3/3 1st Class, Saharsa in Sonbarsa Raj (Kashnagar O.P) P.S. Case No. 8 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) SUMIT/- U T