Sudil Chauhan @ Sudhir Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40758 of 2020 Arising Out of PS. Case No.-16 Year-2015 Thana- SIRDALA District- Nawada ====================================================== SUDIL CHAUHAN @ SUDHIR CHAUHAN SON OF LATE CHATOR CHAUHAN RESIDENT OF VILLAGE- RABIO BELDARI, P.S.- SIRDALA, DISTRICT- NAWADA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-02-2021 Heard both parties.
The petitioner seeks bail in Sirdala P.S. Case No. 16 of 2015, registered for the offence punishable under Sections 147, 148, 149, 342, 323, 307, 376, 511, 504 and 506 of the Indian Penal Code.
As per the prosecution case, all the FIR named accused persons including this petitioner assaulted the informant and others and also attempted to commit rape upon the informant.
It is submitted on behalf of the petitioner that no specific allegation has been attributed to this petitioner and story of offence under Section 376 IPC has also been disbelieved by the Investigating Officer. One of the co-accused Surendra Chauhan has already been granted privilege of anticipatory bail by this Hon'ble Court vide order dated 13.08.2018 passed in Cr.
Patna High Court CR. MISC. No.40758 of 2020(2) dt.25-02-2021 2/2 Misc. No. 46740 of 2018. Petitioner is in custody since 03.07.2020 and bears no criminal antecedent. Chargesheet has already been submitted.
Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge 1st, Nawada in connection with Sirdala P.S. Case No. 16 of 2015, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T