Shatrudhan Choudhary @ Ludki v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8956 of 2018 Arising Out of PS.Case No. -39 Year- 2017 Thana -SAKRA District- MUZAFFARPUR ======================================================
1. SHATRUDHAN CHOUDHARY @ LUDKI S/o Virendra Choudhary, R/o Village- Chauhatta, P.S.- Town Hajipur, District- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-03-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner has been in custody since 22.02.2017 in connection with Sakara P.S. Case No. 39/2017 registered for the offences punishable under Sections 399/400/401/402/414/34 of the Indian Penal Code and Sections 25(1-b)/26/35/25(1-AA)/25(1AAA) of the Arms Act. Learned counsel for the petitioner submits that the petitioner was taken into custody in connection with the present case and, thereafter, he was remanded in a series of cases. It is submitted that apart from the cases which have been stated in paragraph No. 3 at Serial No. 1 and 2 the petitioner had no antecedent but subsequent to the arrest in connection with the present case, the petitioner has been remanded in the other cases.
Patna High Court Cr.Misc. No.8956 of 2018 (3) dt.06-03-2018 2/3 Learned counsel for the petitioner further submits that the name of the petitioner came in the confessional statement made by one Bipin Kumar, co- accused in this case, which has no evidentiary value. It is further submitted that the Bipin Kumar has also been granted by this Court vide order dated 22.09.2017 and one Dharmendra has been granted bail on 19.1.2018 passed in Cr. Misc. No. 36687 of 2017 and Cr. Misc. No. 61043 of 2017 respectively.
Having considered the entire facts and circumstances and also the period of custody, 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 the learned A.C.J.M.-cum-sub-Judge, 13th, Muzaffarpur, in connection with Sakara P.S. Case No. 39/2017, subject to the following conditions:-
(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of
Patna High Court Cr.Misc. No.8956 of 2018 (3) dt.06-03-2018 3/3 failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.
(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Saif/- U T