Patna High Court
Aelis Gowala @ Alliyes Gowala vs The State Of Bihar on 8 February, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37611 of 2020
Arising Out of PS. Case No.-267 Year-2020 Thana- BAKHARI District- Begusarai
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Aelis Gowala @ Alliyes Gowala, aged about 19 years, male, son of Late
Mangal Gowala, resident of village- Fatepukur, P.S.- Rajganj District-
Jalpaiguri (West Bengal)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Uma Shankar Prasad Singh, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 08-02-2021
Heard Mr. Uma Shankar Prasad Singh, learned
counsel for the petitioner and Mr. Jharkhandi Upadhyay, learned
Additional Public Prosecutor (hereinafter referred to as the
'APP') for the State.
2. The petitioner is in custody in connection with
Bakhri PS Case No.267 of 2020 dated 01.07.2020, instituted
under Section 394 of the Indian Penal Code.
3. The allegation against the petitioner is that he had
snatched the bag hanging on the motorcycle of the informant
containing Rs.49,900/-.
4. Learned counsel for the petitioner submitted that he
is a seller of clothes and moves from place to place and was
present at the spot and wrongly been caught as somebody else
Patna High Court CR. MISC. No.37611 of 2020 dt.08-02-2021
had taken the bag and thrown at him. It was submitted that the
petitioner is a resident of West Bengal and had come to meet his
relatives. It was further submitted that the petitioner has no
criminal antecedent and is in custody since 02.07.2020
5. Learned APP submitted that the petitioner was
caught with the looted money and bag.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs.25,000/- (twenty five thousand) with two sureties of the like
amount each to the satisfaction of the Chief Judicial Magistrate,
Begusarai, in Bakhri PS Case No.267 of 2020, subject to the
conditions (i) that one of the bailors shall be a close relative of
the petitioner, (ii) that the petitioner and the bailors shall execute
bond with regard to good behaviour of the petitioner, and (iii)
that the petitioner shall also give an undertaking to the Court
that he shall not indulge in any illegal/criminal activity, act in
violation of any law/statutory provisions, tamper with the
evidence or influence the witnesses. Any violation of the terms
and conditions of the bonds or the undertaking shall lead to
cancellation of his bail bonds. The petitioner shall cooperate in
the case and be present before the Court on each and every date.
Patna High Court CR. MISC. No.37611 of 2020 dt.08-02-2021
Failure to cooperate or being absent on two consecutive dates,
without sufficient cause, shall also lead to cancellation of his
bail bonds.
7. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
J. Alam/-
AFR/NAFR
U
T
