Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5948 of 2021 Arising Out of PS. Case No.-90 Year-2020 Thana- MUSRIGHRARI District- Samastipur ====================================================== ROHIT KUMAR SON OF VINOD KUMAR SINGH @ VINDI SINGH RESIDENT OF VILLAGE - BAGHI, P.S. - SAMASTIPUR MUFFASIL, DISTRICT - SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Narain Sinha For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 23-08-2021 In view of sudden resurgence of COVID - 19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode.

Heard learned counsel for the petitioner and learned APP for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in connection with Musrigharari P.S. Case No. 90 of 2020 registered under Section 392 of the Indian Penal Code.

Patna High Court CR. MISC. No.5948 of 2021(8) dt.23-08-2021 2/3 The allegation is that the informant's articles have been looted and taken away in an Alto car.

The counsel for the petitioner submits that on alleged seizure of the articles from him, he has been implicated in this case. Seizure is not in accordance with law, as seizure list has never been made available to the petitioner. He is stated to be in custody since 20.8.2020. He has one case since before at also under the Excise Act and from a time when the petitioner was still a minor.

Learned APP 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 bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class-cum-Additional Munsif, Samastipur in Musrigharari P.S. Case No. 90 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

Patna High Court CR. MISC. No.5948 of 2021(8) dt.23-08-2021 3/3 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) SUMIT/- U T