Saroj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20969 of 2020 Arising Out of PS. Case No.-51 Year-2020 Thana- BUXAR District- Buxar ====================================================== SAROJ Son of Rauf Idrishi @ Rauf R/o Village - Bharauli, P.S.- Narhi, District - Ballia (U.P.).

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajiv Ranjan Kr. Pandey, Advocate.

For the Opposite Party:

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-06-2020 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 14.02.2020 in connection with Buxar (Town) P.S. Case No. 51 of 2020 for the offences alleged under Sections 379 and 414 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in connection with alleged theft of the informant's motorcycle. It is submitted that as a matter of fact, the petitioner was already in jail custody since 01.02.2020 and was subsequently remanded in this case on 14.02.2020. As such the question of his

Patna High Court CR. MISC. No.20969 of 2020(2) dt.25-06-2020 2/2 arrest and of recovery of the motor-cycle from him does not arise. The fact of his being remanded in this case has been taken note of in the impugned order itself. The petitioner has been repeatedly made an accused for similar offences in three other cases and all the cases have been consecutively instituted. The petitioner has been granted bail in the said three cases.

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 14.02.2020, 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, Buxar, in connection with Buxar (Town) P.S. Case No. 51 of 2020, if he is not otherwise required in any other case.

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