Budhin Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 24689 of 2020 Arising Out of PS. Case No.-108 Year-2019 Thana- BELDOUR District- Khagaria ====================================================== BUDHIN MIAN Son of Late Sudir Mian @ Late Md. Sudhir @ Late Mohammad Sudhir Resident of Village- Sukhaybasa, P.O.- Dighaun, P.S.- Beldaur, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Bishweshwar Ram, Advocate For the Opposite Party/s :

Ms Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 23-09-2020 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 Sessions Trial No 28 of 2020 arising out of Beldaur Police Station (for brevity, PS) Case No 108 of 2019, GR No 1477 of 2019 instituted for the offence punishable under Section 392 of Indian Penal Code.

Patna High Court CR. MISC. No.24689 of 2020(2) dt.23-09-2020 2/3 First information report of the occurrence of robbery is against unknown.

Petitioner's counsel submits that charge sheet has already been submitted in this case. Petitioner has not been put on Test Identification Parade during investigation nor any incriminating article has been recovered from his possession. He is on bail in six out of the seven cases pending against him from before. He is in custody in this case since 28.06.2019. It is further submitted that co-accused Khushilal Choudhary has already been granted bail by this Court by order dated 07.01.2020 passed in Cr Misc No 85250 of 2019 (Annexure 2). 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 Additional Sessions Judge VI, Khagaria in Sessions Trial No 28 2020 arising out of Beldaur PS Case No 108 of 2019, GR No 1477 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

Patna High Court CR. MISC. No.24689 of 2020(2) dt.23-09-2020 3/3 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.

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