Bhupendra Singh Chopra @ Banti Singh @ Bonty v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13790 of 2015 Arising Out of PS.Case No. -480 Year- 2013 Thana -GANDHIMAIDAN District- PATNA ====================================================== Bhupendra Singh Chopra @ Banti Singh @ Bonty son of Jagir Singh Chopra resident of Munudih, Near Kali Mandir, P.S. - Dudamdih, Distt. - Dhanbad (Jharkhand).

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Dr. Ravindra Kr.(App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 30-04-2015 The petitioner is an accused in Gandhi Maidan P.S. Case No. 480 of 2013 wherein offences under sections 379, 420, 467, 468, 471 and 120B of the Indian Penal Code were alleged. The petitioner approached the trial court by filing B. P. No. 16912 of 2014 before the court of Additional Sessions JudgeVII, Patna. The same was dismissed on 19-2-2014. Thereafter, the petitioner had filed Criminal Miscellaneous No. 23447 of 2014 before this Court and the same and two other similar bail applications were disposed of by a common order on 21-1-2015 by taking the view that as the chargesheet against the petitioners are filed and when investigation is incomplete, the direction was issued to the prosecution to complete the investigation within one month. It was left open to the petitioners to approach this Court for bail. Heard Mr. D. N. Tiwary, learned senior counsel for the

Patna High Court Cr.Misc. No.13790 of 2015 (3) dt.30-04-2015 2 / 2 petitioner and Mr. Rabindra Kumar, APP for the State. The investigation is said to be incomplete on account of the fact that some of the accused are still at large. That, however, is a matter for the prosecution to examine. Once the chargesheet was filed against the petitioners, their continued detention on the ground that other accused are not arrested, cannot be sustained in law. The Court is satisfied that the petitioner deserves to be granted bail subject to certain conditions.

Hence the petition is allowed. The petitioner is directed to be released on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Patna, in connection with Gandhi Maidan P.S. Case No. 480 of 2013, subject to the condition that he shall attend the concerned police station on the 1st and 3rd Saturday of every month between 10 A.M. to 11 A.M. If he fails to appear on two consecutive dates, the bail shall be cancelled. This arrangement shall remain in force till the disposal of the case by the trial court.

(L. Narasimha Reddy,CJ) B.Roy/- U