Shankar Kumar Chaudhary @ Shankar Chaudhary @ Chootu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22115 of 2016 Arising Out of PS.Case No. -104 Year- 2015 Thana -PARASBIGHA District- JEHANABAD ====================================================== Shankar Kumar Chaudhary @ Shankar Chaudhary @ Chootu son of Mohan Chaudhary @ Mohan Prasad, resident of Mohalla- Gandhi Nagar, P.S.- Jehanabad, District- Jehanabad.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Madan Jeet Kumar, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-05-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 23.02.2016 in connection with Parasbigha P.S. Case No. 104 of 2015 for the offences alleged under Section 395 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated merely on the confessional statement of co-accused Subodh Kumar. The petitioner has not been put on test identification parade and there is nothing to connect the petitioner with the alleged offence. The petitioner has earlier been arrested in Makhdumpur P.S. Case No. 361 of 2015 for the offence under Arms Act and has thereafter been made accused under section 7 of the Essential Commodities Act including the present one against the unknown persons. The petitioner has been granted bail in the

Patna High Court Cr.Misc. No.22115 of 2016 (2) dt.20-05-2016 2/2 aforesaid Makhdumpur P.S. Case No. 361 of 2015 by this Court.

4. In the aforesaid facts 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 Chief Judicial Magistrate, Jehanabad in connection with Parasbigha P.S. Case No. 104 of 2015, subject to the following conditions:- (i) The petitioner shall cooperate with the investigation 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.

(ii) The petitioner shall remain physically present on each and every date during trial and in the event of failure to appear on three consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) B.T/- U T