Lakshman Chaudhary @ Lakshuman Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5511 of 2019 Arising Out of PS. Case No.-7 Year-2018 Thana- BARAULI District- Gopalganj ====================================================== Lakshman Chaudhary @ Lakshuman Chaudhary, aged about 22 yrs. (M), Son of Mohan Choudhary, Resident of Village - Sohrai, P.S.- Gudhani, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Barouli P.S. Case No. 07 of 2018 registered for the offence punishable under Sections 414 of the Indian Penal Code.

Allegation against the petitioner is recovery of stolen motorcycle from his possession.

Earlier the bail application of the petitioner has been rejected by a co-ordinate Bench of this Court vide order dated 20.07.2018 passed in Cr. Misc. No.32381 of 2018 (Annexure 1). However, he was granted liberty that he may renew his prayer for bail after six months of framing of charge. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.5511 of 2019(4) dt.28-02-2019 2/3 he is innocent and has falsely been implicated in this case at the instance of his enemies. It has further been submitted that no stolen motorcycle has been recovered from the possession of the petitioner. Similarly placed co-accused Durodhan Prasad has already been granted bail by a co-ordinate Bench of this Court as contained in Annexure 4. Petitioner has no criminal antecedent and he is in custody since 08.01.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M., XIV, Gopalganj in connection with Barouli P.S. Case No. 07 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

Patna High Court CR. MISC. No.5511 of 2019(4) dt.28-02-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T