Sidhu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19839 of 2020 Arising Out of PS. Case No.-18 Year-2020 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== SIDHU KUMAR S/o- Shyamlal Yadav Resident of Village- Pipra Golma, P.S.- Sour Bazar, District- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nafisuzzoha, Advocate For the Opposite Party/s :
Smt. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.
12-10-2020 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner seeks bail in a case registered for the offence punishable under Sections 392 of the Indian Penal Code.
Informant has alleged that on 24.01.2020, when he was going to Uda-Kishunganj, Bank, at 1:20 P.M., FIR named accused including the petitioner dashed his motorcycle due to which he fell down and thereafter they snatched his bag from his back containing roll machine, group register and cash of Rs. 72750/-. It is further alleged that they took away Rs. 350/-, one mobile and key of his motorcycle and thereafter they tried to
Patna High Court CR. MISC. No.19839 of 2020(3) dt.12-10-2020 2/3 flee away but on chase, Sidhu Kumar (petitioner) was caught by the informant with the help of the villagers but rest of the accused manage to flee away. The informant has further alleged that in the meantime, two persons Rajesh Kumar and Raushan Kumar reached there and disclosed that three culprits have snatched their motorcycle when they were going to UdaKishunganj to attend B.A. Part-II Examination. It is has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case merely on suspicion. Nothing has been recovered from the possession of the petitioner. Petitioner is in custody since 25.01.2020.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail, if the charges has already been framed and if the charges has not been framed, then after framing of charges, upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Udakishunganj P.S. Case No. 18 of 2020 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court
Patna High Court CR. MISC. No.19839 of 2020(3) dt.12-10-2020 3/3 concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. The Criminal Miscellaneous stands disposed of. (S. Kumar, J) Sanjay/rajiv U T