Sumit Kumar @ Sumit Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16601 of 2021 Arising Out of PS. Case No.-249 Year-2020 Thana- SHEKHPURA District- Sheikhpura ====================================================== Sumit Kumar @ Sumit Kumar Yadav, aged about 23 years, male, Son of Ganit Yadav R/O- Jurabganj, P.S.- Korha, Distt.- Katihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K.Agrawal, Sr. Adv withMr. Amresh Kumar Sinha, Adv.
For the Opposite Party/s :
Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 22-10-2021 The matter has been listed today for consideration through Video Conferencing.
Heard learned senior counsel for the petitioner and learned Additional Public Prosecutor (for short 'APP') for the State.
Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office. The petitioner seeks bail in Sheikhpura PS Case No. 249 of 2020, instituted for the offence under Sections 401, 414, 379/34 of the Indian Penal Code.
Along with one co-accused petitioner has been arrested
Patna High Court CR. MISC. No.16601 of 2021(2) dt.22-10-2021 2/3 while sitting on a scooter which was found to be stolen. The learned senior counsel submits that the petitioner was a bona fide passerby and he has been arrested merely on suspicion. Having no criminal antecedents he is in custody since 23.06.2020.
The learned APP representing the State 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 bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura, in connection with Sheikhpura PS Case No.249 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.
Patna High Court CR. MISC. No.16601 of 2021(2) dt.22-10-2021 3/3 (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) shyambihari/- U