Sanjay Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14832 of 2020 Arising Out of PS. Case No.-145 Year-2016 Thana- NIMCHAKBATHANI District- Gaya ====================================================== Sanjay Chauhan Son of Sivan Chauhan @ Shivan Jamadar Resident of Village - Ganpat Nagar, P.S.- Neemchak Bathani, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kunwar Narayan Jamuar For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

02-06-2020 Heard learned counsel for the parties through video conferencing.

This relates to grant of bail in Neemchak Bathani P.S. Case No. 145 of 2016 registered for the offence under Sections 341, 323, 379, 307/34 of the Indian Penal Code. The prosecution case, in brief, is that petitioner with co-accused Babloo Chauhan, after assaulting the wife of informant and snatching her ornaments, threw her in the forest. It is submitted on behalf of petitioner that petitioner is innocent and he has falsely been implicated in this case due to previous enmity. It is further submitted that F.I.R. has been lodged after 22 days of alleged occurrence and there is no explanation for this. During investigation, the police has not recorded statement of the victim and mere on suspicion,

Patna High Court CR. MISC. No.14832 of 2020(3) dt.02-06-2020 2/2 petitioner has been made accused. There is no eye-witness to the occurrence. Chargesheet has already been submitted. Petitioner is in custody since 18-11-2019.

Considering the aforesaid facts and circumstances, the bail application is allowed.

Let the above-named petitioner 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 A.C.J.M. Xth, Gaya in connection with Neemchak Bathani P.S. Case No. 145 of 2016 on the following conditions: "(1) Petitioner shall cooperate 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 on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

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

(Prabhat Kumar Singh, J.) anay U T