Uday Kumar @ Uday Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6153 of 2024 Arising Out of PS. Case No.-257 Year-2023 Thana- KASHICHAK District- Nawada ====================================================== Uday Kumar @ Uday Chauhan S/O Shivshankar Chaudhary @ Shivshankar Chauhan R/O Village- Motnaje, P.S- Mufassil, Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manmohan Kumar, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Kashichak P.S. Case No. 257 of 2023 instituted for the offence under Section 395 of the Indian Penal Code.

3.

Prosecution case in short is that six unknown miscreants intercepted the motorcycle of the informant, and snatched motorcycle, mobile phone, gold locket, purse containing Aadhaar Card, PAN Card, etc. and fled away. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22-10-2023. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.6153 of 2024(4) dt.08-05-2024 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that nothing has been recovered from the possession of the petitioner. So far as recovery of one mobile phone is concern, the same belongs to the petitioner. It is also submitted that petitioner and informant are co-villagers and they were together at the time of occurrence and unknown miscreants have snatched the motorcycle. It is lastly submitted that charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kashichak P.S. Case No. 257 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the

Patna High Court CR. MISC. No.6153 of 2024(4) dt.08-05-2024 3/3 family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T