Rahul Kumar @ Bunty Yadav @ Banti Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20285 of 2020 Arising Out of PS. Case No.-194 Year-2019 Thana- BUXAR District- Buxar ====================================================== RAHUL KUMAR @ BUNTY YADAV @ BANTI YADAV Son of Ravindra Kumar Singh Resident of Village - Musafirganj, Ward No. -9, Nai Bazar, P.S.- Buxar (Town), District - Buxar.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Ranjan For the Opposite Party/s :
Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-07-2020 The matter has been taken up through virtual court proceeding.
Since, the physical court is not functional, due to present pandemic Covid-19, the present application has been listed with defects.
Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of functioning of the court in physical mode.
If the defects are not removed within undertaken period, the office will again place the matter on board.
2/4 Heard learned counsels for the petitioner and the State.
The petitioner, who is languishing in custody since 15.07.2019, has preferred the present application for grant of bail in a case registered for the offences punishable under Sections 323, 504, 356 and 379/34 of the IPC. The prosecution case, as per the written report of Deepak Kumar, submitted to the S.H.O., Buxar Town Police Station is to the effect that on 07.03.2019, the informant was going by his scooty, on the way, the petitioner and co-accused Amit Kumar dashed the informant's scooty and thereafter, the petitioner took out the key from the scooty whereas co-accused Amit Kumar snatched a mobile phone and a camera from the informant and escaped from the scene taking the scooty of the informant.
It is submitted by learned counsel for the petitioner that in the background of petty dispute, the accusation has been levelled against the petitioner. The investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioner is accused in ten other cases. Learned APP submits that the scooty of the informant was found parked in the house of the petitioner.
3/4 Considering the nature of accusation, period under custody and the fact that the investigation has already been concluded, let the petitioner above named be released on bail for the present provisionally for a period of three months on furnishing one surety to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Buxar (T) P.S. Case No. 194 of 2019.
However, in view of the present pandemic COVID19, it will be open for the learned Court below to accept the bail bond on furnishing an undertaking by the surety, on photo copy of his Aadhar Card to the effect that he is ready to become the bailor of the petitioner which may be transmitted by such surety to the learned Court concerned through e-mode. The provisional bail of the petitioner will be confirmed by the learned Court below within three months on furnishing bail bond of Rs.10000/- (ten thousand) with two sureties including one surety given at the time of provisional bail of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Buxar (T) P.S. Case No. 194 of 2019.
The learned Court below will be at liberty to extend the period of provisional bail further if the court proceeding in
4/4 physical mode will not resume in next three months. Accordingly, the present application is disposed of. (Dinesh Kumar Singh, J) Amrendra/- U T