Patna High CourtCR. MISC./20965/2020bail granted

Robin Kumar v. The State Of Bihar

2020-08-12Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20965 of 2020 Arising Out of PS. Case No.-608 Year-2019 Thana- TURKAULIYA DistrictEast Champaran ====================================================== Robin Kumar S/o Belash Mahto @ Belas Mahto Resident of Village-Rani Chhapra, Dhanki Tola, P.S-Harsidhi, District-East Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sunil Kumar No.III, Advocate.

For the Opposite Party:

Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-08-2020 Heard learned counsel for the petitioner and learned APP for the State through video conference. Learned counsel for the petitioner undertakes that all defects pointed out by the Stamp Reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately after the lockdown ends, and in any event within one month thereof.

2. The petitioner is in custody since 27.08.2019 in connection with Turkauliya (Banjariya) P.S. Case No. 608 of 2019 for the offences alleged under Section 379 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in connection with alleged theft of Hero Glamour Motorcycle bearing Registration No. BR05X-1020 and a goat belonging to the informant. It is submitted that the F.I.R. is against unknown, and except suspicion, there is no objective material to connect the petitioner with the alleged occurrence. The motorcycle has been recovered from a bridge and not from the conscious possession of the petitioner, as evident from the

Patna High Court CR. MISC. No.20965 of 2020(3) dt.12-08-2020 2/2 seizure list.

4. Learned APP appears and opposes the bail petition, inviting reference to the order of the learned 14thAdditional Sessions Judge, Motihari, East Champaran, observing on the basis of case diary that the motorcycle was recovered from the possession of the petitioner.

5. Be that as it may and having regard to the period of custody already suffered since 27.08.2019, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Turkauliya (Banjariya) P.S. Case No. 608 of 2019, if he is not otherwise required in any other case, subject to the condition that the petitioner shall physically appear before the learned Court below as and when so required by it.

6. Office shall ensure that all defects have been removed and compliance with the notices of this Court has been made, within the stipulated time as provided in para-1 hereinabove.

(Vikash Jain, J) Ibrar//- U T