Ajit Chaurasiya @ Dipu Chaurasiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26503 of 2017 Arising Out of PS.Case No. -147 Year- 2016 Thana -DURGAWATI District- BHABHUA (KAIMUR) ======================================================
1. Ajit Chaurasiya @ Dipu Chaurasiya Son of Ramjee Chaurasiya, Resident of Village- Gola, P.S.- Cholapur, District- Varanasi (U.P.). .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajani Kant Pandey For the Opposite Party/s : Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-06-2017 The petitioner seeks regular bail in connection with Durgawati P.S. Case No. 147 of 2016, registered for offences punishable under Sections 25(1-b)a, 26/35 of the Arms Act. Allegation is of recovery of one loaded country made pistol along with two live cartridges.
It has been submitted on behalf of the petitioner that now the petitioner has sufficiently been punished for the said offence as he has remained in judicial custody for about one year and is ready to abide by any condition imposed on him for grant of bail. As regards criminal antecedent, it has been submitted by learned counsel for the petitioner that in all those cases, petitioner is on bail.
Heard learned A.P.P. also.
Patna High Court Cr.Misc. No.26503 of 2017 (3) dt.22-06-2017 2/3 Having heard both sides, considering the facts and circumstances of the case and the period of custody, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Durgawati P.S. Case No. 147 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
It is also made clear that if the petitioner again found
Patna High Court Cr.Misc. No.26503 of 2017 (3) dt.22-06-2017 3/3 involved in any of such offence, in future, his bail bonds will be cancelled.
(Vinod Kumar Sinha, J) sunil/- U T