Daud @ Dawood v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 24737 of 2020 Arising Out of PS. Case No.-163 Year-2019 Thana- AMAUR District- Purnia ====================================================== DAUD @ DAWOOD Son of Edrish @ Pagla Resident of Village- Majhuwa, P.S.- Amour, District- Purnea.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr Bijendra Kumar Singh, Advocate For the Opposite Party/s :

Mr Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 25-09-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings 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 Amour Police Station (for brevity, PS) Case No 163 of 2019 instituted for the offence punishable under Section 394 of Indian Penal Code. Informant has alleged that when he was moving on

Patna High Court CR. MISC. No.24737 of 2020(2) dt.25-09-2020 2/3 his motorcycle, some persons have stopped the motorcycle, snatched cash from him and assaulted him with his own helmet. Petitioner's counsel submits that First Information Report is against unknown persons. Petitioner was not apprehended at the place of occurrence. There is no recovery to connect him with the alleged offence. He is in custody since 21.01.2020, however, has not been put on Test Identification Parade and that he bears no criminal antecedents. The learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, prayer for bail is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 01st Class, Purnea in Amour PS Case No 163 of 2019 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

Patna High Court CR. MISC. No.24737 of 2020(2) dt.25-09-2020 3/3 each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T