Nishant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24751 of 2020 Arising Out of PS. Case No.-207 Year-2019 Thana- SOHSARAI District- Nalanda ====================================================== NISHANT SINGH Son of Janardhan Singh Resident of Village- Daroga Bigha, P.S.- Deep Nagar, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishwa Bijay Kumar For the Opposite Party/s :

Mr.Sanjay Kr Singh ====================================================== 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 counsel 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 learned APP for the State.

Learned counsel for the petitioner is expected to honor his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

The petitioner seeks bail in Sohsarai P.S. Case no. 207

Patna High Court CR. MISC. No.24751 of 2020(2) dt.25-09-2020 2/3 of 2019 instituted for the offence under Section 392 of the IPC. The motorcycle and mobile of the informant is alleged to have been snatched by four persons.

It is submitted by the petitioner's counsel that he has been remanded in the instant case on the basis of confessional statement of co-accused Satyendra Kumar @ Gaina from Laheri P.S. Case no. 395 of 2019. There is no recovery from the petitioner. The petitioner has been implicated only due to his criminal antecedents and he is in custody since 13.01.2020. Petitioner's counsel has no instruction whether the petitioner is on bail in other four cases pending against him as per details mentioned in para 3 of the bail petition. The learned APP has opposed the prayer for bail. Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the CJM Nalanda at Biharsharif in connection with Sohsarai P.S. Case no.207 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

Patna High Court CR. MISC. No.24751 of 2020(2) dt.25-09-2020 3/3 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) shyambihari/- U