Dilip Kumar Singh @ Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 39418 of 2020 Arising Out of PS. Case No.-190 Year-2020 Thana- HUSSAINGANJ District- Siwan ====================================================== DILIP KUMAR SINGH @ DILIP KUMAR Son of Banshilal Singh Resident of Village - Bindawal Rasoolpur, P.S.- Hussainganj, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Ashwani Kumar Tiwary, Advocate For the Opposite Party/s :

Ms Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 04-03-2021 Heard learned senior counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Hussainganj Police Station (for brevity, PS) Case No 190 of 2020 instituted for the offence punishable under Section 392 of Indian Penal Code. Three unknown persons have allegedly stopped the petitioner. One have taken away the motorcycle and two have fled away.

It is submitted by the petitioner's counsel that the alleged recovery of the motorcycle from near the petitioner's house is not sufficient to implicate him in this case. After his implication in this case, he has been remanded in Hussainganj PS Case No 197 of 2020. He is in custody since 01.08.2020. The petitioner resides in a joint family property and even if recovery from near the house is accepted, the petitioner cannot be held liable for the same.

Learned APP 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

Patna High Court CR. MISC. No.39418 of 2020(3) dt.04-03-2021 2/2 his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate XIII, Siwan in Hussainganj PS Case No 190 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 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