Nitidhee Pratap Chaurasiya @ Chhotu Chaurasiya @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2280 of 2017 Arising Out of PS.Case No. -194 Year- 2012 Thana -ROSERA District- SAMASTIPUR ====================================================== Nitidhee Pratap Chaurasiya @ Chhotu Chaurasiya @ Chhotu, Son of Late Uma Shankar Chaurasiya, Resident of Village- Laxmipur, Police StationRosera, District- Samastipur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Awadhesh Kumar Mishra, Advocate Mr. Ajay Kumar, Advocate For the Opposite Party : Mr. Binod Kumar 2 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-02-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the offence under Section 392 of Indian Penal Code. It has been submitted that petitioner is not named in the written report. The petitioner has been implicated on the basis of self statement as mentioned in para- 42 of the case diary. It is alleged in the written report that three unknown miscreants who had covered their face, stopped the motorcycle of the informant and they looted the Motorcycle, Purse, Driving Licence, Nokia Mobile etc as mentioned in the written report. From perusal of order of the Additional District and Sessions Judge-1st.,

Patna High Court Cr.Misc. No.2280 of 2017 (2) dt.04-02-2017 2/2 Samastipur, it appears that the name of this petitioner has come in para-42 of the case diary in his confessional statement. It is mentioned that on the basis of confessional statement of this petitioner, motorcycle has been recovered from the house of Sikandar Sahani.

In this manner, besides the confessional statement of this petitioner, there is no any other allegation of overt act against this petitioner. Petitioner is said to be in custody since 29.09.2016. It has been mentioned in para-3 of bail petition that the petitioner has clean antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rosera, in connection with Rosera P.S. Case No. 194 of 2012, subject to the condition that both the bailors will be the close relative of the petitioner. (Sanjay Priya, J.) ravi/- U T