Akhilesh Chaudhary @ Aklesh Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13423 of 2019 Arising Out of PS. Case No.-330 Year-2018 Thana- WAJIRGANJ District- Gaya ====================================================== AKHILESH CHAUDHARY @ AKLESH CHAUDHARY, aged about 28 years, Male, Son of Rajabali Chaudhari, R/o village- Simariya , P.S- Fatehpur, District- Gaya ... Petitioner
Versus
THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Paras Nath, Adv.
For the Opposite Party :
Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 07-03-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.
The petitioner is languishing in judicial custody since 17.10.2018 in connection with Wazirganj P.S. Case No. 330 of 2018 for the offences alleged under Sections 392, 395 and 412 of the Indian Penal Code and under Sections 25(1-B)A, 26, 27 and 35 of the Arms Act.
The prosecution case, as lodged by the informant, is that he is running a customer service center of the State Bank of India and has assigned his staff, Gautam Rajvanshi, to withdraw some money from the Bank who was carrying cash of Rs.1,40,000/- which has been snatched from the said Gautam Rajvanshi by three criminals on pistol point. It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the first information
Patna High Court CR. MISC. No.13423 of 2019(2) dt.07-03-2019 2/3 report, the petitioner was apprehended later on and a country made pistol with one fused cartridge and Rs.2,000/- was recovered with some coins. He submits that petitioner has been falsely implicated on suspicion and is languishing in judicial custody since more than four months. Charge sheet has already been submitted, there being no allegation of tampering with the prosecution witnesses. It has, further, been submitted that the petitioner has got no criminal antecedent, which is evident from paragraph 3 of the present application.
However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.
Considering the materials on record and the nature of allegations as well as the period of custody, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Wazirganj P.S. Case No. 330 of 2018 to the satisfaction of the learned Additional Chief Judicial Magistrate, I, Gaya, subject to the following conditions : (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (ii) If the petitioner indulges in an offence of similar
Patna High Court CR. MISC. No.13423 of 2019(2) dt.07-03-2019 3/3 nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds. (Nilu Agrawal, J) Shamshad/- U T