Patna High CourtCR. MISC./48772/2024bail granted

Abhiram Chaudhary v. The State Of Bihar

2024-10-26Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48772 of 2024 Arising Out of PS. Case No.-461 Year-2017 Thana- PARBATTA District- Khagaria ====================================================== Abhiram Chaudhary Son of Ramabadan Chaudhary R/O Vill.- Sirajpur, P.S.- Parbatta, Dist.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 26-10-2024 Heard Ld. counsel for the petitioner and Ld. APP for the State.

2. The petitioner seeks anticipatory bail, apprehending his arrest, in connection with Parbatta P.S. Case No. 461 of 2017 dated 20.12.2017, registered for the offences punishable under Sections 341, 323, 504, 427, 379, 506, 385 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, there is allegation of causing assault and committing theft of Rs. 80, 000/-.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. There is no injury at all on the informant's side and the case is false and fabricated.

Patna High Court CR. MISC. No.48772 of 2024(4) dt.26-10-2024 2/3

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated paragraph no.3 of the bail petition that the petitioner has one criminal antecedent.

7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court of learned A.C.J.M., Khagaria, in connection with Parbatta P.S. Case No. 461 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his

Patna High Court CR. MISC. No.48772 of 2024(4) dt.26-10-2024 3/3 criminal antecedents despite his knowledge of the same. (ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T