Uday Pratap Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27423 of 2020 Arising Out of PS. Case No.-193 Year-2019 Thana- RAJAPAKAR District- Vaishali ====================================================== Uday Pratap Singh Son of Mahesh Rai Resident of Village- Bakarpur, Sarmaspur, P.S.- Rajapakar, District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar Singh, Advocate For the Opposite Party/s :
Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 15-12-2020 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.
Mr. Rajiv Nayan, APP is appearing for the State as it is submitted that the brief has been allotted to him by the office of Advocate General.
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 Rajapakar PS Case No. 193 of 2019 registered under Sections 395 and 365 of the IPC. Prosecution case is that the petitioner along with one Md.
Patna High Court CR. MISC. No.27423 of 2020(4) dt.15-12-2020 2/2 Daud was returning from Patna after purchasing articles for his shop at Khagaria. On road his pickup van has been snatched. The mobile, ATM Card of the petitioner and his friend have also been snatched. Learned Counsel for the petitioner submits that he is not named in the FIR. Upon his arrest in connection with Rajapakar PS Case No. 199 of 2019 his confessional statement has been recorded in custody leading to his implication and subsequent remand in this case. His remand was on 30.9.2019 and since then he is in custody. There is no recovery of any incriminating material nor has he been put on T. I. Parade.
Learned APP has opposed the prayer for bail. He has submitted that loot has been conducted on the high-way and there are several cases pending against the petitioner since before. 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 ACJM XIII -cum- Sub Judge XIV, Hajipur (Vaishali) in Rajapakar PS Case No. 193 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