Shivam Chaurasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2965 of 2022 Arising Out of PS. Case No.-294 Year-2020 Thana- JOGBANI District- Araria ====================================================== SHIVAM CHAURASIA Son of - Yoganand Chaurasia Resident of Village - Khairkhan, Ward No. 12, P.S. - Forbesganj, District - Araria, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Adv.

Mr. Preety Kunwar, Adv.

For the Opposite Party/s :

Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-05-2022 Heard learned senior counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 392 and 411 of the Indian Penal Code.

The bag containing cash and mobile of the informant is said to have been snatched by the unknown persons.

Learned senior counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has not been named in the F.I.R. but the name of this petitioner has transpired on the basis of tower

Patna High Court CR. MISC. No.2965 of 2022(2) dt.18-05-2022 2/3 location during course of investigation. In fact, nothing incriminating has been recovered from the conscious possession of the petitioner and no T.I.P. has been conducted by the prosecution as yet. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 12.07.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries four more cases other than the present one. Considering the facts and circumstances of the case, let the, above named, petitioner 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 learned Court below where the case is pending in connection with Jogbani P.S. Case No. 294 of 2020 with the following conditions:-

(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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled

Patna High Court CR. MISC. No.2965 of 2022(2) dt.18-05-2022 3/3 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.

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) brajesh/- U T