Anil Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10450 of 2022 Arising Out of PS. Case No.-17 Year-2020 Thana- ATRI District- Gaya ====================================================== Anil Chaudhary S/o- Rajendra Chaudhary R/o- Village - Sahora, P.S. - Atari, District - Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sunil Kumar Yadav For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-06-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within a period of four weeks from today. Petitioner seeks bail in a case registered for the offences punishable under Sections 506, 353 of the Indian Penal Code.

According to prosecution case, the informant namely, Renu wife of Sri Deepak Chaudhary who is CDPO was performing her official duty in her office on 29.01.2020, when the petitioner Anil Chaudhary entered in her office without her permission and alleged that she has taken bribe and committed discrepancy in selection of Sewika regarding Bohora Panchayat Ward No. 15. She further stated that the petitioner has

Patna High Court CR. MISC. No.10450 of 2022(2) dt.29-06-2022 2/3 misbehaved with her.

Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that in fact the petitioner is a social worker and allegation against the informant is that in the selection process of Anganwari Sevika the informant has taken bribe from the selected persons. He further submits that in fact the petitioner has raise voice against the informant so petitioner has falsely implicated in the present case and police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 08.10.2021. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries five criminal antecedents other than the present one.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the learned Court below where the case is pending in connection with Atari P.S. Case No. 17 of 2020, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and

Patna High Court CR. MISC. No.10450 of 2022(2) dt.29-06-2022 3/3 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled 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.

3. 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) mdrashid/- U T