Rohan Guwala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28071 of 2020 Arising Out of PS. Case No.-133 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== ROHAN GUWALA S/o Rajesh Guwala Resident of Village-Fatta Pokhar, Police Station-Rajganj, District-Jalpaiguri (West Bengal). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7, Advocate.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-11-2020 This matter has been taken up in virtual Court. Let the defects be removed within 15 days of the start of the physical Court.

Heard the parties.

The petitioner is languishing in custody for the offence punishable under Sections 356/379 of the Indian Penal Code.

The F.I.R. of the occurrence of theft is against unknown.

Submission is that the petitioner is in custody since 29.02.2020. Investigation of the case is already complete. Petitioner has stated on oath that no incriminating article was recovered from his possession nor he was put on T.I. parade during investigation of the case.

Patna High Court CR. MISC. No.28071 of 2020(2) dt.02-11-2020 2/2 Considering the aforesaid infirmity in the prosecution case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Khagariya (Muffasil) P.S. Case No. 133 of 2020, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T