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Patna High CourtCR. MISC./62271/2017bail granted

Sikandar Chaudhary @ Sikandra Chaudhary v. The State Of Bihar

2017-12-21Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62271 of 2017 Arising Out of PS.Case No. -421 Year- 2017 Thana -BARBIGHA District- SEKHPURA ====================================================== Sikandar Chaudhary @ Sikandra Chaudhary son of Krishna Chaudhary, resident of Mohalla-Samachak, P.S. Barbigha and District-Sheikhpura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 09.09.2017 in connection with Barbigha (Mission O.P.) P.S. Case No. 421 of 2017 for offences punishable under Section 393 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that the informant is a teacher and while going to the school, the petitioner snatched golden chain from her neck and on Hulla people caught the petitioner.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that charge-sheet has already been submitted and there is no allegation

Patna High Court Cr.Misc. No.62271 of 2017 (2) dt.21-12-2017 2/2 of tampering of the prosecution witnesses by the petitioner. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Barbigha (Mission O.P.) P.S. Case No. 421 of 2017, subject to the conditions that:

(1) 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.

(2) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T