Shankar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56608 of 2018 Arising Out of PS. Case No.-197 Year-2017 Thana- NASRIGANJ District- Rohtas ====================================================== Shankar Choudhary S/o Daroga Choudhary, R/o Vill.- Aliganj Tola, P.S.- Suryapura, District- Rohtas (Sasaram).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chhote Lal Mishra For the Opposite Party/s :

Mr. Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-10-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Nasriganj P.S. Case No. 197 of 2017 registered for the offence punishable under Section 392 of the Indian Penal Code.

Informant in his written complaint has stated that when he was on his way with loaded Truck to Dhanbad, near Shiom Petrol Pump one Scorpio overtook him and on the point of pistol took the Truck containing 365 bags of Wheat and also snatched Rs. 2200/- from him. FIR is against unknown. It has been submitted on behalf of the petitioner that the petitioner has committed no offence and has been falsely implicated in this case. Petitioner has not been named in the FIR. Nothing has been recovered from the possession of the petitioner. Similarly, situated co-accused person has been

Patna High Court Cr.Misc. No.56608 of 2018(2) dt.06-10-2018 2/2 granted bail by a co-ordinate bench of this Court vide order dated 13.03.2018 in Criminal Miscellaneous No. 12094 of 2018. Petitioner has got no criminal antecedent and is in custody since 04.06.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail after completing six month of custody in jail, upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st, Bikramganj (Rohtas) in connection with Nasriganj P.S. Case No. 197 of 2017, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

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

(S. Kumar, J) ranjan/- U