Patna High CourtCR. MISC./31243/2020bail granted

Suresh Kumar v. The State Of Bihar

2020-12-01Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31243 of 2020 Arising Out of PS. Case No.-8 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== SURESH KUMAR Son of Umesh Singh Resident of Village - Daudpur Madripur, P.S.- Bidupur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offence under Section 379 of the Indian Penal Code. Prosecution case, in short, is that unknown miscreants stolen away the motorcycle of the informant.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.31243 of 2020(2) dt.01-12-2020 2/2 the petitioner is in custody since 27.02.2020. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. It is alleged that one stolen motorcycle is said to have been found parked outside the house of the petitioner. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. The petitioner had no knowledge regarding the stolen motorcycle. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. case No.8 of 2020.

(Sudhir Singh, J) Narendra/- U T