Patna High CourtCR. MISC./39692/2016bail granted

Muneshwar Chaudhary v. The State Of Bihar

2016-09-17Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39692 of 2016 Arising out of P.S.Case No. -8 Year- 2013 Thana -RAGHOPUR District- VAISHALI (HAJIPUR) ====================================================== Muneshwar Chaudhary, son of late Lal Bihari Chaudhary, resident of village- Bagdulhan, P.S. Hajipur town, District Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar, Advocate. For the State : Smt. Pushpa Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Raghopur P.S. Case No. 08 of 2013 registered under Sections 409, 406, 419, 420, 467 and 468 of the Indian Penal Code. It is contended that the petitioner has been falsely implicated in the present case which was initially filed as a complaint and was referred by the court to the Police in exercise of power under Section 156(3) of the Cr. P.C., pursuant to which the First Information Report was instituted. It is further contended that on merits, the petitioner was granted bail under Section 438 of the Code of Criminal Procedure vide order dated 22.4.2014 passed by a Bench of this Court in Cr. Misc. 6466 of 2014, but, since the

Patna High Court Cr.Misc. No.39692 of 2016 (2) dt.17-09-2016 2/2 condition was imposed that the petitioner would file an affidavit stating therein that he is not accused in any other case, he was not released on bail as one other case was also filed prior to the present case against the petitioner. It is further contended that the petitioner is in custody since 27th July, 2016. He was Branch Manager of Rural Bank and has got roots in the society and is not likely to abscond or tamper with the evidence if released on bail. Learned counsel for the State has opposed the application for grant of bail to the petitioner. Regard being had to the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Raghopur P.S. Case No. 08 of 2013.

(Ashwani Kumar Singh, J) S.Ali/- U T