Munna Chowdhary @ Munna Kumar Chowdhary @ Laxman Chowdhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23395 of 2016 Arising Out of PS.Case No. -12 Year- 2016 Thana -MANIYARI District- MUZAFFARPUR ====================================================== Munna Chowdhary @ Munna Kumar Chowdhary @ Laxman Chowdhary, son of Shatrughan Chowdhary @ Satrodhan Choudhary, resident of villageMahammdpur, P.S. Piyar (Hathya O.P.), District- Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Yugal Kishore, Advocate For the Opposite Party/s : Mr. Upendra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 30-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Sessions Trial No. 199 of 2016 arising out of Maniyari P.S. Case No. 12 of 2016 registered for offences under Section 395 of the Indian Penal Code.

It is a case of highway robbery. Allegation has been made that the driver of Truck No. UP-63T/2716 loaded with cock feed was going to Satna (MP). The truck was intercepted, the driver and Khalasi were taken by the accused persons and they tied their eyes, hands and feet and they were pushed up and later on Khalasi released his hand. Thereafter, he informed to the owner of the truck, whereupon the petitioner and four others were arrested and from the possession of the petitioner, Mobile of LAVA Company has been recovered as also on the statement of

Patna High Court Cr.Misc. No.23395 of 2016 (2) dt.30-05-2016 2/2 Avinash Kumar, co-accused, cock feed has been recovered from the house of one Pankaj Kumar.

The Counsel for the petitioner submits that save and except the recovery of LAVA Company mobile, nothing has been collected by the Police during investigation. Looking to the facts and circumstances of the case, let the petitioner, namely, Munna Chowdhary @ Munna Kumar Chowdhary @ Laxman Chowdhary, 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 2nd Additional Sessions Judge, Muzaffarpur in connection with Sessions Trial No. 199 of 2016 arising out of Maniyari P.S. Case No. 12 of 2016, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) Vats/- U T