Patna High CourtCR. MISC./38196/2022bail granted

Gaurav Chaudhary @ Gaurav Kumar Chaudhary v. The State Of Bihar

2022-10-20Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38196 of 2022 Arising Out of PS. Case No.-155 Year-2021 Thana- BUXAR MUFFSIL District- Buxar ====================================================== GAURAV CHAUDHARY @ GAURAV KUMAR CHAUDHARY SON OF GULAB CHANDRA CHOUDHARY @ GULAB CHANDRA KEWAT RESIDENT OF BAHGADHWA, P.S.- BASUDEVPUR, DISTRICTMUNGER, AT PRSENT RESIDENT OF PANDEYPATTI COLONY, P.S.- BUXAR (MUFFASIL), DISTRICT- BUXAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parijat Saurav For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-10-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 392 of the Indian Penal Code.

As per the prosecution case, Rs. 20,000/- cash, a mobile and the key of motorcycle were snatched by three unknown miscreants on the point of pistol and the said miscreants were boarded on a motorcycle.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. No

Patna High Court CR. MISC. No.38196 of 2022(2) dt.20-10-2022 2/3 incriminating article has been recovered from the possession of the petitioner. The petitioner is not named in the F.I.R. and the name of the petitioner has sprung up in the confessional statement of the co-accused Deepak Koiri. One of the coaccused has already been granted bail by this court vide order dated 04.08.2022 passed in Cr. Misc. No. 21812 of 2022. The petitioner is also accused in six other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 18.05.2021.

Learned A.P.P. for the State vehemently has opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances as well as the period of detention, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees TwentyThousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st, Court no. 14, Buxar, in connection with Buxar Muffasil P.S. Case No. 155 of 2021, with following conditions:-

1. One of the bailors shall be a close relative of the petitioner who shall give genealogy as to how he is related to the petitioner.

Patna High Court CR. MISC. No.38196 of 2022(2) dt.20-10-2022 3/3

2. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation of his bail bond .

3. If the petitioner is found involved in any other criminal case in future, his bail bond is liable to be cancelled.

4. The petitioner is directed to mark his attendance before the Officer-in-Charge of the concerned police station at 10:00 A.M. on every Monday of the week and in the event of his failure to do so on two consecutive occasions, the present privilege of bail will stand cancelled by the concerned Court below.

The application stands allowed.

(Chandra Prakash Singh, J) ayush/- U T