Guddu Choudhari @ Md. Imtyaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34982 of 2021 Arising Out of PS. Case No.-25 Year-2019 Thana- DEHRI ON SONE RPF/POST DistrictGaya ====================================================== GUDDU CHOUDHARI @ MD. IMTYAZ ALAM Son of Azim Chaudhari Resident of Village - Ward No.33, Mohalla- Kumhar toli, P.s.- Dehri, Distt.- Rohtas At Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikalp For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-09-2021 This matter is taken up for consideration through Video Conferencing.

Heard both parties.

The petitioner seeks bail in Dehri RPF P.S. Case No. 25 of 2019, registered for the offence punishable under Section 3 of the RPUP Act.

As per the prosecution case, 25 Fish plates of Railways has been recovered from the shop of this petitioner. It is submitted on behalf of the petitioner that petitioner has falsely been implicated on the basis of confessional statement of co-accused Rajiv Kumar who was arrested on the spot and nothing has been recovered from conscious possession of this petitioner. Petitioner is in custody

Patna High Court CR. MISC. No.34982 of 2021(3) dt.21-09-2021 2/2 since 23.02.2021. In para 3 of the petition it is stated that petitioner has got criminal antecedent and there are two criminal cases against him, but in both the case he is on bail. Considering the period of custody, the petitioner above-named, is directed to 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 the learned Additional District and Sessions Judge XIIth, Gaya in connection with Dehri RPF P.S. Case No. 25 of 2019, subject to following conditions:- (i) The petitioner 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T