Sunil Chaudhary @ Jiyut Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3005 of 2022 Arising Out of PS. Case No.-65 Year-2021 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Sunil Chaudhary @ Jiyut Chaudhary Son of Ramchandra Chaudhary Resident of Village- Sitabigaha, P.S.- Sasaram, District- Rohtas. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramchandra Singh For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-05-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in a case registered for the offences punishable under Section 395 of the Indian Penal Code and later on Section 412 of the Indian Penal Code added. According to prosecution case, while the informant was going on his Bolero pick-up van loaded with tomatoes on NH-2, unknown miscreants had intercepted his vehicle, whereafter they had committed loot and had taken away the tomatoes.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.3005 of 2022(2) dt.18-05-2022 2/3 petitioner is innocent and he has falsely been implicated in the present case. He further submits that petitioner is not named in the F.I.R. and the name of the petitioner has been transpired only on the basis of confessional statement of co-accused namely, Ankush Kumar. He further submits that nothing has been recovered from the conscious possession of the petitioner and till date no TIP has been conducted by the prosecution. He further submits that similarly situated, co-accused, namely, Ankush Kumar has been granted bail by a co-ordinate Bench of this Court vide order dated 22.01.2022 passed in Cr. Misc. No. 43811 of 2021. The petitioner is in custody since 21.08.2021. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries two criminal antecedents other than the present one.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Sasaram (Muffasil) P.S. Case No. 65 of 2021, subject to the following conditions:-

Patna High Court CR. MISC. No.3005 of 2022(2) dt.18-05-2022 3/3

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. 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.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T