Rajan Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42280 of 2024 Arising Out of PS. Case No.-235 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== Rajan Kumar Choudhary Son Of Late Suresh Choudhary R/o VillageBaligaon Mushahri Tola, P.S. - Baligaon, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vasant Vikas, Advocate For the Opposite Party/s :

Ms.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-09-2024 Heard Mr.Vasant Vikas, learned counsel for the petitioner and Ms.Suman Kumari Singh, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 09.10.2023 in connection with Patepur P.S. Case No.235 of 2023, F.I.R. dated 02.10.2023 registered for the offence punishable under Section 392 of Indian Penal Code.

3. The FIR of the occurrence of loot is against unknown.

4. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. Petitioner is not named in the FIR. The name of the petitioner has been transpired during investigation on the basis of self confessional statement of the petitioner. Although,

Patna High Court CR. MISC. No.42280 of 2024(4) dt.18-09-2024 2/3 there is some recovery from possession of the petitioner but till date no TIP has been conducted by the prosecution even the recovered article has not been put on TIP and the police, after investigation, submitted charget-sheet against the petitioner and the petitioner is in custody since 09.10.2023.

5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the looted article has been recovered from possession of the petitioner and apart from that, the petitioner carries two more cases other than the present one but fairly submits that the petitioner is on bail in both the cases, as mentioned in para-3 of the bail petition.

6. Considering the aforesaid fact, 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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Patepur P.S. Case No.235 of 2023, with the following conditions:- (I) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.42280 of 2024(4) dt.18-09-2024 3/3 (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T