Patna High CourtCR. MISC./50105/2015bail granted

Amresh Chauhan v. The State Of Bihar

2015-12-15Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50105 of 2015 Arising Out of PS.Case No. -21 Year- 2015 Thana -NTPC KHAIRA District- AURANGABAD ======================================================

1. Amresh Chauhan S/o Late Raj Kumar Chauhan Resident of VillagePhutharwa P.S. Nabinagar Dist- Aurangabad (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Birendra Kumar Singh For the Opposite Party/s : Mr. Tapeshwar Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-12-2015 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with NTPC, Khaira P.S. Case No. 21 of 2015 registered for the offence punishable under Section 414 of the Indian Penal Code. Allegedly the petitioner was caught with stolen iron plate by the informant and villagers whereas, co-accused succeeded in fleeing away.

Submission is of false implication, the prosecution story appears not probable and reliable. The petitioner is suffering in custody since 05.09.2015, having no criminal antecedent. Chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.

Patna High Court Cr.Misc. No.50105 of 2015 (2) dt.15-12-2015 2/2 Learned A.P.P. does not oppose the prayer of bail. In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Judicial Magistrate, 1st Class, Aurangabad arising out of NTPC Khaira P.S. Case No. 21 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U