Bharat Prasad Chaurasiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26608 of 2019 Arising Out of PS. Case No.-16 Year-2017 Thana- SIKARPUR District- West Champaran ====================================================== Bharat Prasad Chaurasiya Son of Nathu Chaurasiya Resident of Bhediharwa, P.S.- Sathi, Distt - West Champaran. At present R/o Naya Tola Prakash Nagar Narkatiyaganj, P.S.- Shikarpur, Distt - West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-05-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The petitioner is in custody in connection with Trial No. 284 of 2018, arising out of Shikarpur P.S. Case No. 16 of 2017, for the offences under Sections 406, 420 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and he is in custody since 28.01.2019. He further submits that earlier the court has granted bail vide order dated 07.06.2017 with the condition that petitioner will fully cooperate in the conclusion of trial, but the petitioner failed to abide by the terms and conditions imposed by this Court vide order dated 07.06.2017 and as such his bail bond was canceled. Now he has filed application with

Patna High Court CR. MISC. No.26608 of 2019(2) dt.08-05-2019 2/2 undertaking that henceforth he will take care about attending the Court proceeding on each and every date as fixed. This is the last opportunity the petitioner to mend his way and if he does not attend the Court proceeding then he is not entitled to any consideration either by this Court or the Court below. Considering the undertaking of the petitioner in this case the Court in the peculiar facts of the case direct the Court below to release the petitioner. In the event, he fails to attend the Court proceeding on any day, the Court below shall cancel the bail bonds of the petitioner.

Considering the fact that petitioner has no criminal antecedent, the Court is inclined to grant bail to the petitioner, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Court of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Trial No. 284 of 2018 arising out of Shikarpur P.S. Case No. 16 of 2017.

(Anil Kumar Upadhyay, J) mdrashid/- U T