Gopal Choudhary @ Prem Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21704 of 2024 Arising Out of PS. Case No.-327 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Gopal Choudhary @ Prem Sahani son of Kapil Choudhary @ Kapil Sahani Moh- Gandhi Nagar Ps- Agamkuan Dist- patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 24-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for an offence punishable under Section 395 of the Indian Penal Code.

3. As per prosecution case, five unknown persons entered into the jewelry shop and looted articles worth of Rs.19 lacs.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case and petitioner is not named in the FIR and the name of the petitioner came on the basis of confessional statement of co-accused, chargesheet has already been submitted and petitioner is in custody since03.02.2022. Similarly situated co-accused persons have been granted bail by this Court passed in Cr. Misc. Nos. 72268 of 2021, 798 of 2022 and 9347 of 2022 and petitioner is in custody since 03.02.2022.

Patna High Court CR. MISC. No.21704 of 2024(2) dt.24-04-2024 2/2

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner above named 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 learned ADJ-IX, Begusarai in connection with Sessions Trial No. 123 of 2022 arising out of Begusarai Town P.S Case No. 327 of 2021 with following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application. (ii) Petitioner will cooperate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned trial court itself.

(iii) If the petitioner tamper with the evidence or the witnesses, in that, case, the prosecution will be at liberty to move for cancellation of bail.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T