Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23892 of 2020 Arising out of PS. Case No.-709 Year-2019 Thana- MAHUA District- Vaishali ====================================================== Mukesh Kumar Son of Jagarnath Singh Resident of Village - Hidayatpur Chakhajinijam, P.S. - Mahua, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Shraddhanand Paswan, Advocate For the Opposite Party/s :

Mr. APP ================================================================= CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-09-2020 The Court proceeding has been conducted through virtual mode.

Heard learned counsel for the petitioner and learned APP for the State.

Since the court proceeding in physical mode is non-functional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of court proceeding in physical mode. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the bench.

The petitioner is languishing in custody since 21.12.2019 in a case registered for the offences punishable under Sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-B)a/26/35 of the Arms Act, hence, the

2/4 prayer for bail has been made through the present application.

The prosecution case, as per the self statement of Krishna Nand Jha, S.I.-cum-S.H.O., Mahua P.S. on 19.12.2019 at 5.10 P.M., is to the effect that on 19.12.2019 at 2.10 P.M. during patrolling, a confidential information was received that some miscreants are planning to commit dacoity, consequently, a raid was laid, and seven persons including the petitioner were apprehended but two persons managed to escape from the scene. From the possession of the petitioner, one knife, Rs. 20,000/- and one mobile was recovered.

It is submitted by learned counsel for the petitioner that the recovered article does not suggest that the petitioner was trying to commit dacoity and no stolen property was recovered from the possession of the petitioner, hence, no case under 414 IPC is made out against the petitioner and investigation has already been concluded. A statement has been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP for the State submits that the petitioner was apprehended from the spot.

3/4 Considering the nature of recovery and the fact that investigation has already been concluded, coupled with the statement made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on bail for the present provisionally for a period of three months on furnishing one surety to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No. 709 of 2019.

However, in view of the present pandemic COVID-19, it will be open for the learned Court below to accept the bail bond upon furnishing an undertaking by the surety, on photo copy of his Aadhar Card, to the effect that he is ready to become the bailor of the petitioner which may be transmitted by such surety to the learned Court concerned through e-mode.

The provisional bail of the petitioner will be confirmed by the learned Court below within three months on furnishing bail bond of Rs.10000/- (ten thousand) with two sureties, including one surety given at the time of provisional bail, of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at

4/4 Hajipur in connection with Mahua P.S. Case No. 709 of 2019.

The learned Court below is at liberty to further extend the period of provisional bail if the court proceeding in physical mode will not resume in next three months. Accordingly, the application stands disposed of. (Dinesh Kumar Singh, J) Vikash/- U T