Rama Kant Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23328 of 2022 Arising Out of PS. Case No.-664 Year-2021 Thana- SHEKHPURA District- Sheikhpura ====================================================== Rama Kant Chaudhary S/o Kapildeo Chaudhary, Resident of Village- Bihta, Police Station- Sheikhpura (Hathiyawan O.P.), District- Sheikhpura. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar, Advocate.

For the Opposite Party/s :

Mr. Madhuri Lata, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-07-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sheikhpura P.S. Case No. 664 of 2021 lodged under Section 379 of the Indian Penal Code.

As per the prosecution case, heavy truck bearing Registration No. BR-53G-9161 was stolen by some unknown persons on 22.12.2021, F.I.R. was registered on 24.12.2021 against unknown persons. During the course of investigation, a raid was conducted, in which Anand Kumar was caught who has disclosed the name of the co-accused Vipin Kumar and Vipin Kumar has disclosed the name of the present petitioner in this

Patna High Court CR. MISC. No.23328 of 2022(2) dt.28-07-2022 2/3 case.

Learned counsel for the petitioner submits that the petitioner is in custody since 13.01.2022, chargesheet has already been filed and petitioner having clean antecedent. Learned counsel for the petitioner further submits that the said Vipin Kumar has been granted bail by the Co-ordinate Bench of this Court vide order dated 16.06.2022 passed in Cr. Misc. No. 15768 of 2022.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura, in connection with Sheikhpura P.S. Case No. 664 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his

Patna High Court CR. MISC. No.23328 of 2022(2) dt.28-07-2022 3/3 bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/aditi U T