Hare Ram Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77035 of 2018 Arising Out of PS. Case No.-153 Year-2018 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Hare Ram Chaudhary Son of Ram Kumar Chaudhary, resident of VillageSahora, P.S.- Ashok Paper Mill, District- Darbhanga, at present posted as Lifting Incharge, B.S.F.C, Gaya.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Binay Kumar, Advocate.

For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 120(b)/420/34 of the Indian Penal Code and Section 7 of E.C. Act, 1955 registered in connection with Magadh Medical P.S. Case No. 153 of 2018.

3. It is submitted that the petitioner has been falsely implicated merely because he happens to be the Lifting In-charge. The case of the petitioner stands on better footing than the transporter Md. Irshad Khan @ Md. Irshad who has been granted anticipatory bail by this Court in Cr. Misc. No. 57569 of 2018. So also the Assistant Godown Managers Janaki Sharan and Sanjeev Kumar have been granted anticipatory bail by this Court in Cr. Misc. No. 53857 of 2018. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the

Patna High Court Cr.Misc. No.77035 of 2018(2) dt.16-01-2019 2/2 petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate4th, Gaya in connection with Magadh Medical P.S. Case No. 153 of 2018, subject to the conditions as laid down under Section 438

(2) Cr.P.C., and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar/ U T