Shivam Chaurasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2402 of 2022 Arising Out of PS. Case No.-258 Year-2020 Thana- JOGBANI District- Araria ====================================================== SHIVAM CHAURASIA Son of Yoganand Chaurasia (Bhagat) Resident of Village- Khairkhan Ward No.12, P.S.- Forbesganj, and District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 20-10-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Jogbani P.S. Case No. 258 of 2020 registered for the offences punishable under Sections 392 of the Indian Penal Code. As per prosecution case, two unknown persons snatched Rs. 2,14,863/-, mobile and other items from the informant.

Learned counsel for the petitioner submits that petitioner is in custody since 12.07.2019. Petitioner bears no criminal antecedent. Learned counsel further submits that petitioner is not named in the F.I.R. Name of present petitioner

Patna High Court CR. MISC. No.2402 of 2022(3) dt.20-10-2022 2/3 has been surfaced on the basis of information given by spy. Nothing incriminating has been recovered from the possession of the petitioner. No T.I.P. has been made till today. Learned counsel further submits that co-accused Sonu Kumar has already been granted bail vide Cr. Misc. No. 2718 of 2022 by a co-ordinate bench of this Court and the case of present petitioner stands on similar footing.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case as well as period of custody, petitioner is not named in the F.I.R. keeping in view clean antecedent of the petitioner, argument advanced on behalf of the parties and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Araria, District Araria in connection with Jogbani P.S. Case No. 258 of 2020, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

Patna High Court CR. MISC. No.2402 of 2022(3) dt.20-10-2022 3/3 (ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkr/- U T