Deepak Chaudhary @ Deepak Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37046 of 2021 Arising Out of PS. Case No.-17 Year-2020 Thana- BODHGAYA District- Gaya ====================================================== Deepak Chaudhary @ Deepak Kumar Chaudhary Son Of Late Nathun Chaudhary Resident of Village - Hedmanpur, P.s.- Buniyadpganj, Distt.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gajendra Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Vide order dated 14.12.2020, bail application of the petitioner was rejected.
The petitioner seeks bail in a case registered for the offence punishable under Sections 399, 402 and 411 of the Indian Penal Code and Section 3⁄4 of the FEMA Act. The allegation as per the FIR is that during course of investigation of Bodh Gaya P.S. Case No. 335 of 2019, one Rahul Pandey was apprehended and upon enquiry, he disclosed that some persons were planning to commit murder of Ravi Kant Pandey etc. and on the basis of statement made by Rahul Pandey, the police arrived and conducted raid in the house of Gauri Shankar Pandey and recovered one loaded pistol, mobile
Patna High Court CR. MISC. No.37046 of 2021(3) dt.25-08-2021 2/3 phone and Rs. 42,280/- cash as well as 5,000/- foreign currency of Argentina.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that similarly situated co-accused have been granted bail by different coordinate Benches of this Court. He submits that only one country made pistol and two live carriages were recovered from the possession of the petitioner. He further submits that petitioner bears four criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 14.01.2020.
Considering the facts and circumstances of the case and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sessions Trial No. 245 of 2020/27 of 2020 arising out of Bodhgaya P.S. Case No. 17 of 2020, subject to the conditions:
(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He will also undertake to
Patna High Court CR. MISC. No.37046 of 2021(3) dt.25-08-2021 3/3 inform the court if there is any change in the address of the petitioner.
(II) that the petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bonds shall be liable to be cancelled. (III) that the petitioner will mark his attendance in the local police station in the first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond. (IV) that the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. (Anjani Kumar Sharan, J) devendra/- U T