Md. Kaiyum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26291 of 2020 Arising Out of PS. Case No.-132 Year-2019 Thana- JALALGARH District- Purnia ====================================================== MD. KAIYUM Son of Md. Safir Resident of Village - Madheli, P.S.- Jalalgarh, District - Purnia.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Dr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-10-2020 As of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through Video Conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.

Heard learned Counsel for the petitioner and the learned Counsel for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in Jalalgarh PS Case No. 132 of 2019 registered under Sections 379, 414, 411, 413 and 401 of the IPC. The informant's motorcycle has been found missing from the market.

Learned Counsel for the petitioner submits that the implication is based on recovery of two motorcycles from behind his house. The petitioner has no concern with the recovery, which was not from his house. The petitioner's implication is merely on suspicion and he is in custody since 12.10.2019. Learned APP has opposed the prayer for bail.

Patna High Court CR. MISC. No.26291 of 2020(2) dt.12-10-2020 2/2 Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of CJM Purnia in Jalalgarh PS Case No. 132 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 each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SNkumar/- U T