Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11662 of 2019 Arising Out of PS. Case No.-594 Year-2018 Thana- HAJIPUR District- Vaishali ====================================================== CHHOTU KUMAR Son of Sikdeo Ray @ Shivdeo Rai Resident of VillageMinapur, P.S.- Hajipur Town, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-04-2019 Heard learned counsel for the parties.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 457, 380 and 511 of the Indian Penal Code.

Informant has alleged that while he was sleeping on verandah, he heard some noise in his room and when he entered into the room he found, petitioner was breaking a box and was caught there and handed over to the police.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. He is agnate of informant and there is dispute between the

Patna High Court CR. MISC. No.11662 of 2019(2) dt.05-04-2019 2/3 parties and on earlier occassion also he was implicated for the same offence by the informant of present case which has been disclosed in Para-3 of this petition. Nothing has been recovered from his possession. He is in custody since 26.08.2018. 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/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Hajipur Town P.S. Case No. 594 of 2018, with following condition:- (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 the Court and his absence on two consecutive dates without sufficient reason, 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

Patna High Court CR. MISC. No.11662 of 2019(2) dt.05-04-2019 3/3 case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) manoj/- U