Gandhi Choudhary @ Gandhi Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50279 of 2016 Arising Out of PS.Case No. -98 Year- 2015 Thana -JAMHORA District- AURANGABAD ====================================================== Gandhi Choudhary @ Gandhi Chaudhary S/o Mahendra Choudhary Resident of Village- Amwar, p.S. Nashriganj, District Rohtas, Bihar. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Umeshanand Pandit For the Opposite Party/s : Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner seeks bail in a case instituted under Section 392 of the Indian Penal Code.
The prosecution case, in brief, is that when the informant was returning after unloading the stone chips from the truck, some miscreants came down and administered the driver an intoxicant article forcibly which lead him to be senseless and when he regained his sense, he found himself near Amas. It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.08.2016. The charge sheet has been submitted. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the
Patna High Court Cr.Misc. No.50279 of 2016 (3) dt.06-12-2016 2/2 F.I.R. There is no recovery of any incriminating article from the possession of the petitioner. The petitioner has not been put up on T.I.P. Except for the self statement of the petitioner, there is no other substantive evidence to suggest his implication in the present case.
On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad in connection with Jamhore P.S. Case No. 98 of 2015. (Sudhir Singh, J.) Amit/- U T