Govind Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 56649 of 2022 Arising Out of PS. Case No.-97 Year-2021 Thana- ISHAKCHAK District- Bhagalpur ====================================================== Govind Kumar son of Rajendra Mandal Resident of village- Dudhaila, P.S.- Sultanganj, Dist.- Bhagalpur.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashutosh Kumar, Adv.
For the Opposite Party/s :
Mr. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-02-2023 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Ishakchak P.S. Case No. 97 of 2021 lodged under Section 379 of the I.P.C.
As per the prosecution case, the allegation of theft of motorcycle is there in the F.I.R.
Learned counsel for the petitioner submits that petitioner is in custody since 20.12.2021. Counsel further submits that there are 7 criminal cases pending against the petitioner and only due to this reason, his name has figured in this case. Counsel further submits that the present case is
Patna High Court CR. MISC. No. 56649 of 2022(2) dt.15-02-2023 2/3 magisterial triable in nature in which charge sheet has already been filed.
Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Court of A.C.J.M. XIV, Bhagalpur in connection with Ishakchak P.S. Case No. 97 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:
A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.
B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.
C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal
Patna High Court CR. MISC. No. 56649 of 2022(2) dt.15-02-2023 3/3 activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) sadique/- U T