Upendra Chaudhary @ Upendra Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45243 of 2018 Arising Out of PS.Case No. -11 Year- 2015 Thana -SALAIYA District- AURANGABAD ======================================================

1. Upendra Chaudhary @ Upendra Chaudhari S/o Sadhu Chaudhary @ Ramwachan Chaudhary R/o Village Rampur Lembua, P.S. Aamas, District - Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-08-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 25.05.2018 on his remand in connection with Salaiya P.S. Case No. 11/2015 registered for the offences punishable under Section 395 of the Indian Penal Code.

Learned counsel for the petitioner submits that earlier he was in custody and on the basis of the confessional statement made before the police by one Dinesh Chaudhary, the petitioner has been implicated in connection with the present case. It is further submitted that no incriminating material has been recovered from the possession of the petitioner nor has he been placed on T.I. Parade.

Considering the aforementioned facts and

Patna High Court Cr.Misc. No.45243 of 2018 (4) dt.18-08-2018 2/2 circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad, in connection with Salaiya P.S. Case No. 11/15, subject to the following conditions:-

(1) One of the bailors will be his father.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Saif/- U T