Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 510 of 2021 Arising Out of PS. Case No.-347 Year-2019 Thana- BALIYA District- Begusarai ====================================================== SONU KUMAR Son of Parmeshvar Pandit Resident of Village - Ward No.4, Khadiyahi, Bibbhutipur, P.S.- Bibhutipur, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Sudhanshu Kumar Lal, Mr Pritish Kumar Lal, Advocates For the Opposite Party/s :

Mr Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 09-03-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Ballia Police Station (for brevity, PS) Case No 347 of 2019 instituted for the offence punishable under Section 395 of Indian Penal Code. Fertilizers, being carried on a pick up van, have allegedly been taken away by unknown persons. Petitioner's counsel submits that there is nothing to connect the petitioner with the alleged occurrence. He is not named in the First Information Report. He has no antecedents and he has been remanded in this case on the basis of statement of an accused recorded in Teghra PS Case No 366 of 2019. 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 his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.510 of 2021(2) dt.09-03-2021 2/2 Chief Judicial Magistrate, Begusarai in Ballia PS Case No 347 of 2019 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