Babloo Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27168 of 2021 Arising Out of PS. Case No.-172 Year-2020 Thana- LADANIA District- Madhubani ====================================================== 1.

BABLOO CHAUDHARY Son of Bihari Chaudhary Resident of VillageKatha, P.S.- Ladaniya, District- Madhubani. 2.

Badri Chaudhary Son of Ramjee Chaudhary Resident of Village- Katha, P.S.- Ladaniya, District- Madhubani.

3.

Gurusharan Chaudhary Son of Ram Divas Chaudhary Resident of VillageKatha, P.S.- Ladaniya, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-07-2021 Heard learned counsel for the petitioners and the State.

Petitioners seek bail in a case registered for the offence punishable under sections 364/34 of the Indian Penal Code. As per the prosecution case, fifteen unknown persons riding on three motorcycles forcibly abducted informant's son. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Their names have figured during course of investigation in confessional statement of co-accused. Test Identification Parade has not been carried out till date. No incriminating material has

Patna High Court CR. MISC. No.27168 of 2021(2) dt.30-07-2021 2/2 been collected against the petitioners during course of the investigation. Charge sheet has already been submitted. Petitioners have got clean antecedent and they are in custody since 22.8.2020.

In the facts of the case, prayer for bail of the petitioners is allowed. Let the petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Madhubani in Ladaniya Police Station Case No. 172 of 2020 on the following conditions:-

(1) Petitioners 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 on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

(2) If the petitioners tamper 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) Shashi U T