Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9807 of 2022 Arising Out of PS. Case No.-53 Year-2021 Thana- TISIAUTA District- Vaishali ====================================================== Golu Kumar S/O Dilip Patel @ Dilip Mahto R/o village- Laxmi Narayanpur, P.S.- Tisiauta, District- Vaishali ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Satyendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-06-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner seeks bail in connection with Tisiauta P.S. Case No. 53 of 2021 lodged under Section 379 of the Indian Penal Code.

As per the allegation made in the F.I.R., there is an allegation of motorcycle theft against the unknown. Learned counsel for the petitioner submits that the present F.I.R. has been lodged against unknown persons. He further submits that there is no recovery made against the petitioner in this case. The alleged motorcycle was not recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.9807 of 2022(2) dt.13-06-2022 2/3 Learned counsel for the petitioner further submits that the petitioner is in custody since 28.07.2021, charge-sheet has already been filed and petitioner has got four cases pending against him but learned counsel for the petitioner is ready to file an undertaking that he shall not involve in such types of activity in future.

Learned A.P.P. has opposed the prayer for bail of the petitioner.

Considering the facts that charge-sheet has already been filed in this case, petitioner is in custody since 28.07.2021 and petitioner is ready to file an affidavit that he shall not involve in such types of activity in future, let the petitioner, above named, is directed to be released on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Tisiauta P.S. Case No. 53 of 2021 with the following condition : Petitioner shall file an affidavit before the learned court below at the time of furnishing the bail bond that he shall not involve in such types of activity again.

The prosecution is at liberty to file cancellation of bail, in case when it came to the knowledge that petitioner is

Patna High Court CR. MISC. No.9807 of 2022(2) dt.13-06-2022 3/3 again involved in such types of activity and violates his undertaking.

(Dr. Anshuman, J) ved/- U T