High CourtsSingle Bench

Ravi Kumar Singh vs State Of Bihar

Patna High Court · Decided on 29 January 2021 · Citation: (2021) 01 PAT CK 0260

HON’BLE JUDGES
Ahsanuddin Amanullah, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 379
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous No. 31839 Of 2020
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Judgment

20 paragraphs · 410 words
1.

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.

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 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.