Darshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.493 of 2021 Arising Out of PS. Case No.-130 Year-2020 Thana- MURLIGANJ District- Madhepura ====================================================== Darshan Kumar Son of Birendra Yadav Resident of Village - Jorgama, P.S.- Murliganj, Distt.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Shailendra Kumar Singh, Advocate For the State :

Ms. Pushpa Sinha APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 08-03-2021 Heard learned counsel for the petitioner and the learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office. The petitioner seeks bail in Murliganj PS Case No 130 of 2020, instituted for the offence under Section 379 of the Indian Penal Code.

The informant's motorcycle has gone missing while he was attending the call of nature leading to lodging of the prosecution against unknown persons.

The petitioner's counsel submits that some persons, in course of investigation, have cast suspicion and thereafter the petitioner's name has surfaced in the present case, on such basis, he is in custody since 05.06.2020. There is no recovery of any incriminating article from his possession and he is on bail in Murliganj PS Case No. 121 of 2020.

Patna High Court CR. MISC. No.493 of 2021(2) dt.08-03-2021 2/2 The learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, 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 the learned Chief Judicial Magistrate, Madhepura, in connection with Murliganj PS Case No 130 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.

(Madhuresh Prasad, J) shyambihari/- U T