Sajan Singh Chouhan @ Bhola Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31177 of 2023 Arising Out of PS. Case No.-570 Year-2022 Thana- NARPATGANJ District- Araria ====================================================== SAJAN SINGH CHOUHAN @ BHOLA CHOUHAN SON OF LATE GANESH CHOUHAN R/O VILLAGE- REFUGEE COLONY AIRPORT GOPALPUR MAJHUWA, P.S.- FORBESGANJ, DISTRICT- ARARIA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner is in judicial custody in connection with Narpatganj P.S. Case No.570 of 2022 instituted under Sections 395, 397, 412 of the IPC lodged on 15.12.2022 by the informant Prashant Chakrawarti.

As per prosecution case, three unknown miscreants boarded on a motorcycle intercepted the informant's car and looted Rs 40 lakhs from his bag on the point of pistol. Accordingly, the FIR.

It has been contended by the learned counsel for the petitioner that his name has come in the confessional statement of co-accused Sanjay Chauhan but despite being in custody since 25.12.2022 (as stated in para-16 of the petition), no T.I.

Patna High Court CR. MISC. No.31177 of 2023(2) dt.07-07-2023 2/3 parade done.

Learned APP opposes the prayer for bail of the petitioner.

Considering the fact that his name has come in the confessional statement of co-accused, no TI parade was conducted nothing incriminating has been recovered as stated in para-7 and he is in custody since 25.12.2022 as stated above, this Court is inclined to grant him privilege of bail. Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Narpatganj P.S. Case No.570 of 2022 to the satisfaction of learned Chief Judicial Magistrate, Araria, subject to following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every month for till conclusion of the trial to mark

Patna High Court CR. MISC. No.31177 of 2023(2) dt.07-07-2023 3/3 attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Prakash Narayan /- U T