Amarjeet Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13066 of 2021 Arising Out of PS. Case No.-82 Year-2020 Thana- SIKARHATTA District- Bhojpur ====================================================== Amarjeet Chaudhary, Son of Ram Ayodhay Chaudhary @ Ram Ayodhya Chaudhri, Resident of Village - Katharai, P.S.- Charpokhari, Dist.- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-08-2021 The matter has been taken up today for consideration through video conferencing.
The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned Counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Sikarhatta P.S. Case No.82 of 2020 registered for the offence punishable under Section 395 of the Indian Penal Code. Three persons have stopped the informant's vehicle while he was on his way and it is alleged that he has been looted of his belongings and also assaulted.
Patna High Court CR. MISC. No.13066 of 2021(4) dt.17-08-2021 2/3 Counsel for the petitioner submits that the FIR is against unknown persons. The police based on petitioner's antecedents have falsely implicated him. Informant has claimed that he can identify the perpetrators. However, till date the petitioner has not even been put on T.I. Parade. He is in custody since 07.08.2020. He is on bail in five cases pending against him as per the statement made in paragraph 3 of the bail application.
Learned APP for the State has opposed the prayer for bail. It is submitted that in the course of investigation, the call details have come for showing that the petitioner and two others were in contact with each other.
Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.
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 Additional Chief Judicial Magistrate-VIII, Bhojpur at Ara, in connection with Sikarhatta P.S. Case No.82 of 2020, subject to
Patna High Court CR. MISC. No.13066 of 2021(4) dt.17-08-2021 3/3 the following conditions:
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T