Vijay Chaudhary @ Laden v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13540 of 2019 Arising Out of PS. Case No.-157 Year-2011 Thana- ATRI District- Gaya ====================================================== VIJAY CHAUDHARY @ LADEN, aged about 33 years (Male), Son of Kailash Chaudhary, Resident of Village - Adhgawan, P.S.- Meskaur, District - Nawada. ... ... Petitioner/s

Versus

1.

State of Bihar 2.

Madhya Bihar Gramin Bank, Head Office, Meena Plaza, South of Museum Patna - 800001. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Lalan Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-03-2019 Let the defect no.6 (1) as pointed out by the office be ignored for the present Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Atri P.S. Case No. 157/2011 registered for the offences punishable under Section 395 of the Indian Penal Code.

Informant has alleged in his written complaint that on 14.11.2011 at about 11:30 A.M. while he was working in Madhya Bihar Gramin Bank, all of sudden three miscreants came and on the point of pistol looted Rs. 4,23,835 from the bank and also snatched some money from the customers. F.I.R. is against unknown.

Patna High Court CR. MISC. No.13540 of 2019(2) dt.06-03-2019 2/3 It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case due to suspicion. Petitioner is not named in the FIR and nothing has been recovered from his possession. He has been implicated in this case on confession of co-accused who has been granted bail. Similarly placed coaccused has been granted bail by co-ordinate bench of this court vide order dated 31.07.2012 passed in Cr. Misc. No. 23028 of 2012.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M-XIII, Gaya, in connection with Atri P.S. Case No. 157 of 2011, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive

Patna High Court CR. MISC. No.13540 of 2019(2) dt.06-03-2019 3/3 dates without sufficient reasons, his bail bond shall be cancelled by the court below.

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

(S. Kumar, J) Rajiv/- U T