Krishna Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35250 of 2020 Arising Out of PS. Case No.-253 Year-2019 Thana- KATIHAR District- Katihar ====================================================== KRISHNA KUMAR SAH S/o Uttam Sah Resident of- Gauridih, P.S.- Barari, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Kalyan Shankar, App ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-12-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Since the physical court proceeding is non-functional, due to present pandemic COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertake to remove the defects within three weeks of resumption of physical court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Section 379 of the Indian Penal Code. Prosecution case as lodged by the informant is that on 08.04.2019, he parked his motorcycle in the campus of school

Patna High Court CR. MISC. No.35250 of 2020(2) dt.23-12-2020 2/3 and gone for training. After training, he found that his motorcycle is missing from its standing place. Learned counsel for the petitioner submits that petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that name of the petitioner has come in this case on the confessional statement of coaccused. He submits that no incriminating article is said to have been recovered from the possession of the petitioner. He further submits that petitioner is languishing in judicial custody since 12.07.2019.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Katihar Sahayak P.S. Case No. 253 of 2019, subject to the conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (II) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (III) The petitioner shall remain physically present in court on each and every date during trial and in the event of

Patna High Court CR. MISC. No.35250 of 2020(2) dt.23-12-2020 3/3 failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(IV) The petitioner shall co-operate with the investigation, if not already concluded and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) devendra/- U T