Ram Awtar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72849 of 2018 Arising Out of PS. Case No.-265 Year-2017 Thana- NOKHA District- Rohtas ====================================================== Ram Awtar Choudhary, Son of Bihari Choudhary, Resident of Village-Piriya, P.S. Dhansoi, Distict-Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sada Nand Roy, Advocate For the Opposite Party/s :

Mr. Sri Amrendra Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Nokha P.S. Case No. 265 of 2017 registered for the offences punishable under Section 395 of the Indian Penal Code.

Informant in his written complaint has alleged that 1500 quintals of wheat was kept in his godown and taking hostage the guard of the godown some unknown miscreants unlocked the godown and took away 380 quintals of wheat, one inverter battery, two tires and cash of Rs. 3000/- after breaking open Almirah. FIR is against unknown and the total value of articles is Rs. 4,00,000/-.

It has been submitted on behalf of the petitioner

Patna High Court Cr.Misc. No.72849 of 2018(2) dt.13-12-2018 2/3 that he is innocent and has falsely been implicated in this case on the basis of confessional statement made by Shankar Choudhary who has been granted bail by co-ordinate Bench of this Court as contained in Annexure-2 and the accused from which stolen wheat was recovered has also been granted bail as contain in Annexure- 3. He is in custody since 21.06.2018 Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri. B.K. Rai, learned A.C.J.M., Sasaram, District Rohtas in connection with Nokha P.S. Case No. 265 of 2017, subject to the 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the

Patna High Court Cr.Misc. No.72849 of 2018(2) dt.13-12-2018 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/ManojU T