Sonu Kumar Das @ Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7327 of 2021 Arising Out of PS. Case No.-63 Year-2020 Thana- RAGHOPUR District- Vaishali ====================================================== Sonu Kumar Das @ Sonu Kumar, Son of Harendra Das, Resident of Village - Jafrabad, P.S.- Raghopur (Rustampur O.P.), District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Bela Singh, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-06-2021 The matter has been taken up today for consideration through video conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned Counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Raghopur (Rutampur O.P.) P.S. Case No.63 of 2020 registered for the offence punishable under Section 414/34 of the Indian Penal Code.

Nine persons, including the petitioner, were said to be indulging in sale and purchase of stolen motorcycles. On a

Patna High Court CR. MISC. No.7327 of 2021(2) dt.25-06-2021 2/3 secret information given by some informer, police have conducted a raid. One motorcycle without number plate has been recovered from near the small branch of a river. Petitioner's counsel submits that there is no recovery from the petitioner or his house. Allegation is based on intimation given by the informer, without stating how the petitioner has been identified, and the petitioner is in custody since 13.09.2020 and has no criminal antecedents. Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, 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 Additional Chief Judicial MagistrateIX, Vaishali, in connection with Raghopur (Rutampur O.P.) P.S. Case No.63 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

Patna High Court CR. MISC. No.7327 of 2021(2) dt.25-06-2021 3/3 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.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T