Bhola Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45760 of 2019 Arising Out of PS. Case No.-185 Year-2019 Thana- BUXAR District- Buxar ====================================================== Bhola Chaudhary Son of Late Bajarangi Chaudhary Resident of village - Mallah tola, Ward No.21, P.S.- Buxar (town), Dist.- Buxar ... Petitioner

Versus

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

For the Petitioner : Mr. Ajit Kumar, Advocate For the Opposite Party : Mr. Humayou Ahmad Khan, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner is an accused in a case registered for the offence punishable under section 394 of the Indian Penal Code. It is alleged that four miscreants entered in the jewellery shop of the informant and committed loot of gold of customers on the point of weapons.

Learned counsel for the petitioner submits that the petitioner has been implicated in this case on suspicion and no incriminating material has been recovered from his possession to connect him with the offence. Charge sheet has also been filed in the case, as such, there is no chance of tempering with the evidence. Petitioner is in custody since 12.5.2019. Petitioner has not been put on test identification parade (TIP) till date In view of the facts of the case, let the petitioner,

Patna High Court CR. MISC. No.45760 of 2019(3) dt.20-09-2019 2/2 mentioned above, be released 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 Chief Judicial Magistrate, Buxar in Buxar (Town) Police Station Case No. 185 of 2019 on the following conditions:-

(1) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T