Ajay Kumar Chaudhari @ Ajay Kumar @ Ajay Chaudhary @ Ajay Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35491 of 2020 Arising Out of PS. Case No.-237 Year-2020 Thana- BAIRIYA District- West Champaran ====================================================== AJAY KUMAR CHAUDHARI @ AJAY KUMAR @ AJAY CHAUDHARY @ AJAY KUMAR CHAUDHARY son of Bhagrasan Chaudhary Resident of Village- Baghi Ratnapur, P.S.- Bairiya, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-12-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.
Heard both parties.
The petitioner seeks bail in Bairiya P.S. Case No. 237 of 2020, registered for the offence punishable under Sections 379, 411 and 34 of the Indian Penal Code.
As per prosecution case, petitioner is arrested on the spot with stolen motorcycle.
It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Nothing has been recovered from possession of this petitioner. Charge sheet has already been submitted. There is no allegation of tampering
Patna High Court CR. MISC. No.35491 of 2020(2) dt.21-12-2020 2/2 with the evidence against this petitioner. Petitioner is in custody since 24.05.2020 having no criminal antecedent, as stated in para 3 of the petition.
Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 237 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T