Subham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No. 17852 of 2020 Arising Out of PS. Case No.-10 Year-2020 Thana- GURUA District- Gaya ====================================================== SUBHAM KUMAR S/o Vijay Paswan@ Bijay Paswan Resident of VillageJayramkhap @ Shamsherkhap, P.S.- Amas, Distt- Gaya. ... ... Petitioner

Versus

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

For the Petitioner/s :

MrAshok Kumar Choudhary, Advocate For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-06-2020 This application has been placed for consideration by the order of the Hon'ble the Chief Justice through virtual court proceeding.

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

The petitioner in the present case is seeking regular bail in connection with Gurua P.S. Case No. 10 of 2020 registered for the offences punishable under Sections 401/414/34 of the Indian Penal Code. He is in custody since 14.01.2020.

Learned counsel for the petitioner submits that it is a case of false implication of the petitioner who is a student of B.A. Part II class and had no information about the motorcycle

Patna High Court CR. MISC. No. 17852 of 2020(2) dt.04-06-2020 2/3 on which he was coming with the co-accused Rakesh Kumar . It is further submitted that the alleged seizure list has been prepared at 9:15 P.M. on 12.01.2020 whereas the petitioner has been arrested and remanded in this case on 14.01.2020, prior to this case the petitioner has no criminal antecedent, let the petitioner above named be released on bail on furnishing of bail bonds o of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya in connection with Gurua P.S. Case No. 10 of 2020, subject to the conditions as laid down under Section 437(3) of the Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, oft he commission of which he is suspected, and (c) that such person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

And further condition that he will abide by and

Patna High Court CR. MISC. No. 17852 of 2020(2) dt.04-06-2020 3/3 observe the guidelines and directives of the Government of India and the State Government with regard to COVID-19 Pandemic during the lockdown period. The authorities concerned shall take appropriate steps to ensure such observance prior to and after release of the petitioner. This application stands disposed of.

(Rajeev Ranjan Prasad, J) SUSHMA2/Arvind U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.