Satyam Chaudhary @ Serjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5069 of 2021 Arising Out of PS. Case No.-3 Year-2020 Thana- DHAKA District- East Champaran ====================================================== Satyam Chaudhary @ Serjan aged about 30 years Son Of Umakant Choudhary R/o village- Telhara Kala, P.S.- Kundwa Chainpur, District- East Champaran ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Karandeep Kumar, Advocate For the Opposite Party :

Mr. N.Ansari, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-06-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

As per the prosecution case, three unknown miscreants came to the rice shop of the informant and pointed a pistol on his head and looted cash Rs.50,000/-, mobile phone, etc. Learned counsel for the petitioner submits that the petitioner's name has transpired during course of the investigation. No incriminating material has been recovered from the conscious possession of the petitioner. Test

Patna High Court CR. MISC. No.5069 of 2021(3) dt.22-06-2021 2/3 Identification Parade has not been carried out till date. Investigation is complete and the petitioner is in custody since 27.1.2020.

Learned counsel for the State opposes the prayer for bail.

Considering the rival submissions of the parties, materials available on the record and the fact that test Identification Parade has not been carried out till date and no incriminating material has been recovered from the conscious possession of the petitioner, let the petitioner, mentioned above, 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 Sub Divisional Judicial Magistrate, Sikrahna at Dhaka, East Champaran in Dhaka Pachpakari Police Station Case No. 03/2020 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.5069 of 2021(3) dt.22-06-2021 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T