Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38133 of 2021 Arising Out of PS. Case No.-859 Year-2020 Thana- NAGAR District- Vaishali ====================================================== Deepak Kumar, S/o Dinesh Ram, R/o Village-Bakhari Barai, P.S.- Raja Pakar, District- Vaishali (Hajipur).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Harun Quareshi, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2021 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Hajipur Town P.S. Case No.859 of 2020 registered for the offence punishable under Sections 392 and 411 of the Indian Penal Code.
The prosecution case is that three persons on a motorcycle have dashed into the informant's motorcycle, whereafter they have taken away the informant's motorcycle. The petitioner's Counsel submits that the stolen motorcycle was recovered from co-accused Sonu Kumar. On confessional statement of Sonu Kumar, petitioner has been implicated, though there is no recovery of any incriminating article from the petitioner. The petitioner is in custody since
Patna High Court CR. MISC. No.38133 of 2021(2) dt.13-12-2021 2/3 08.01.2021 and he is on bail in the earlier case pending against him, i.e., Tajpur P.S. Case No.272 of 2017.
Learned APP for the State has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.
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 learned Additional Chief Judicial Magistrate, Hajipur, Vaishali, in connection with Hajipur Town P.S. Case No.859 of 2020, 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
Patna High Court CR. MISC. No.38133 of 2021(2) dt.13-12-2021 3/3 to do so on two consecutive dates, his bail bond will be liable to be cancelled.
This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T