Sunil Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45643 of 2021 Arising Out of PS. Case No.-393 Year-2020 Thana- GAIGHAT District- Muzaffarpur ====================================================== SUNIL CHAUDHARY Son of Mr. Sattan Chaudhary @ Satyanarayan Chaudhary Resident of Village- Kolhua Paigambarpur, P.S.- Ahiyapur, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Mr. Udbhav, Advocates.
For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-02-2022 Heard Mr. Ajay Kumar Thakur learned counsel for the petitioner and Mr. Ashok Kumar Singh, learned APP for the State through video conferencing.
Petitioner seeks regular bail in connection with Gaighat P.S. Case No. 393 of 2020 registered for the offence under Section 392 and 411 of the I.P.C.
The prosecution in brief is that the informant while going along with consignment of potato and onion by a truck was over taken by a Scorpio in which four unknown accused persons were sitting who dragged the informant and his brother from the truck and put them in the Scorpio vehicle and one of the accused persons fled away with the truck and they also snatched a sum of Rs. 3800/- from the pocket of the informant.
Patna High Court CR. MISC. No.45643 of 2021(2) dt.07-02-2022 2/3 Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has been made accused in the present case on the basis of the confessional statement of the co-accused / Govind Kumar Thakur, who has been granted bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 21879 of 2021. Other similarly situated accused persons, namely, Manoj Kumar, Abhay Ranjan and Rahul Kumar have also been granted bail by co-ordinate Benches including this Bench of the Court vide Cr. Misc. Nos. 26025, 33409 35166 of 2021 respectively. He further submits that no incriminating and / or looted article has been recovered from the possession of the petitioner and the petitioner has not been put on T.I. Parade. Petitioner is in custody since 09th June, 2021.
Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that similarly situated co-accused persons have been granted bail by different Benches of this Court, petitioner is in custody since 09/06/2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, SUNIL
Patna High Court CR. MISC. No.45643 of 2021(2) dt.07-02-2022 3/3 CHAUDHARY, be released on regular bail on furnishing bail bond of Rs. 20000/-(twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-15, East, Muzaffarpur in connection with Gaighat PS Case No.393/2020.
(Anil Kumar Sinha, J) perwez U T