Santosh Kumar Chaudhary @ Santosh Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16436 of 2018 Arising Out of PS.Case No. -320 Year- 2017 Thana -RAJNAGAR District- MADHUBANI ====================================================== Santosh Kumar Chaudhary @ Santosh Kumar Choudhary son of Ram Narain Chaudhary resident of Village - Santnagar, P.S. - Bhairabsthan, District - Madhubani. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Baleshwar Kamat, Advocate For the Opposite Party : Mrs. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-05-2018 Heard counsel for the petitioner and APP for the State. Petitioner is an accused in a case registered for offence under sections 420, 468, 471, 401, 411/34 IPC. Learned counsel for the petitioner submits that the petitioner has been made accused in this case as well as in Pandaul Police Station Case No. 210 of 2017 on basis of confessional statement of co-accused Amit Ranjan. Petitioner has not been arrested at the spot nor has any incriminating article been recovered from his possession. Two motorcycles are alleged to have been recovered from the shop of the petitioner. Learned counsel submits that the seizure shows that the recovery from the petitioner's shop was made sometime in the early morning at about 4 am on 31.12.2017 when the petitioner was at his house. Further, no one has claimed the seized motorcycle and the

Patna High Court Cr.Misc. No.16436 of 2018 (3) dt.02-05-2018 2/2 petitioner is in custody since 1.1.2018.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Vikash Jha, Judicial Magistrate 1st class, Madhubani in Rajnagar Police Station Case No. 320 of 2017 on the following conditions:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

(b) He/she will be well represented on each date and if he/she fails to do so on two consecutive dates, his/her bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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