Patna High CourtCR. MISC./33933/2024bail granted

Balram Chauhan v. The State Of Bihar

2024-05-02Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33933 of 2024 Arising Out of PS. Case No.-952 Year-2023 Thana- PURNEA SADAR District- Purnia ====================================================== Balram Chauhan Son of Manik Chauhan Resident of Khuskibagh, Chauhan Tola, P.S.- Sadar, District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh, APP For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sadar P.S. Case No. 952 of 2023 instituted for the offence under Sections 379, 414 and 420 of the Indian Penal Code.

3. Prosecution allegation, in short, is that on 17.11.2023 the informant parked his motorcycle and went for shopping and when he returned he found his motorcycle missing. Petitioner was identified in the CCTV footage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case by the local villagers out of grudge and enmity. The said motorcycle has not been recovered from the house of the petitioner. In fact on the date and time of occurrence, the petitioner was also went for shopping and due to that reason he

Patna High Court CR. MISC. No.33933 of 2024(2) dt.02-05-2024 2/2 was identified in the CCTV Camera. Charge-sheet has been submitted in this case. The petitioner is in custody since 18.11.2023 and has got antecedent of one criminal case.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sadar P.S. Case No. 952 of 2023 subject to the following conditions. (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Prakash/- U