Suraj Kumar @ Golu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18205 of 2020 Arising Out of PS. Case No.-9 Year-2020 Thana- TAJPUR District- Samastipur ====================================================== Suraj Kumar @ Golu, Son of Sanjay Rai, Resident of Village - Shahpur Undi, P.S. - Patori, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha, Advocate For the Opposite Party/s :

Ms.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 04-06-2020 The matter has been listed today for consideration through video conferencing in view of the nationwide lockdown on account of COVID-19 pandemic.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Tajpur (Halai OP) P.S. Case No.9 of 2020 instituted for the offence punishable under Section 392 of the Indian Penal Code. The prosecution case alleges that unknown miscreants have snatched the motorcycle and some other articles, including

Patna High Court CR. MISC. No.18205 of 2020(2) dt.04-06-2020 2/3 Rs.500/- from the informant.

The petitioner's counsel submits that the allegation is based on the confessional statement of co-accused. There is no recovery from the petitioner and he has no criminal antecedents. The petitioner on such basis is in custody since 13.01.2020. Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow petitioner's prayer for bail. Accordingly, 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 Additional Chief Judicial MagistrateI, Samastipur, in connection with Tajpur (Halai OP) P.S. Case No.9 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,

Patna High Court CR. MISC. No.18205 of 2020(2) dt.04-06-2020 3/3 his bail bond will be liable to be cancelled. (Madhuresh Prasad, J) PNM U T