Citation : 2021 Latest Caselaw 468 Patna
Judgement Date : 29 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 31839 of 2020
Arising Out of PS Case No.-8 Year-2020 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Ravi Kumar Singh, aged about 25 years, Gender-Male, Son of Ram Lal Singh, Resident of Daudnagar, P.S.- Bidupur, District- Vaishali.
... ... Petitioner/s Versus The State of Bihar
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shyam Anand, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 29-01-2021
Heard Mr. Shyam Anand, 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
Hajipur Sadar PS Case No. 08 of 2020 dated 05.01.2020,
instituted under Section 379 of the Indian Penal Code.
3. The allegation against the petitioner, though not
named in the FIR, is of stealing the motorcycle of the informant
and his name transpired when the police during investigation in
another case came to know that the petitioner was involved in the
present case.
Patna High Court CR. MISC. No.31839 of 2020 dt.29-01-2021
4. Learned counsel for the petitioner submitted that
besides not being named in the FIR, there is no recovery from him
and only on suspicion, he has been arrested. It was submitted that
the petitioner is in custody since 27.02.2020.
5. Learned APP, from the case diary, submitted that
during investigation by the police in another case, the name and
involvement of the petitioner in the present case transpired.
However, it was not controverted that there is no recovery in the
present case from the petitioner. It was submitted that in the other
case the petitioner was arrested and then he was remanded in the
present case.
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 concerned Court below in
Hajipur Sadar PS Case No. 08 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 Patna High Court CR. MISC. No.31839 of 2020 dt.29-01-2021
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. 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.)
P. Kumar
AFR/NAFR U T
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