Rabindra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33419 of 2024 Arising Out of PS. Case No.-48 Year-2021 Thana- VALMIKINAGAR District- West Champaran ====================================================== Rabindra Chaudhary son of Late Nathu Choudhart Village-Harpurwa, P.S. Yogapatti, District West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Prasad Singh For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 392 of the Indian Penal Code. The prosecution case in nutshell is that while the informant was reeturning to branch with collection money of Rs. 1,59,267/-, in the way, three miscreants intercepted him and at the point of pistol snatched the money and his mobile.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been

Patna High Court CR. MISC. No.33419 of 2024(2) dt.16-05-2024 2/3 implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from his possession. The name of petitioner sprang up in this case on confessional statement of co-accused Ranjan Choudhary. Moreover, the petitioner is languishing in judicial custody since 07.03.2022. Similarly situated co-accused person namely, Sahjad Ansari has been granted bail vide order dated 15.01.2024, passed in Cr. Misc. No. 43222 of 2022 by this Court. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Valmikinagar P.S. Case No. 48 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge III, Bagaha, West

Patna High Court CR. MISC. No.33419 of 2024(2) dt.16-05-2024 3/3 Champaran, subject to the following conditions:- (i). Petitioner shall co-operate in the trial ans shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(ii). if the petitioner tampers with the evidence or threatens the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(iii). If the petitioner repeat the offences of similar nature, as alleged in the present case, the prosecution will be at liberty to move for cancellation of bail. (Sunil Kumar Panwar, J) Nirajkrs/- U T