Rajdeo Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4299 of 2021 Arising Out of PS. Case No.-227 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== RAJDEO CHAUDHARY SON OF LATE ASHARFI CHAUDHARY R/O VILLAGE- KOA, MOHABBATPUR, P.S.- LALGANJ, DISTRICTVAISHALI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Mishra For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 22.10.2020 in connection with Lalganj P.S. Case No. 227/2019 registered for the offences punishable under Sections 420/467/468/471/414/34 of the Indian Penal Code.

As per the prosecution case, during vehicle checking, two persons were found fleeing away on motorcycle after seeing the police and on chase, co-accused Srinath @ Vicky Singh was apprehended by the police with stolen motorcycle and other person managed to escape. On interrogation, co-accused Srinath @ Vicky Singh named this petitioner.

It is submitted on behalf of the petitioner that during

Patna High Court CR. MISC. No.4299 of 2021(2) dt.19-03-2021 2/3 the course of investigation, police has recovered one red-black coloured discover motorcycle from the house of the co-accused Umesh Sahni at the instance of the petitioner. It is further submitted that similarly situated co-accused Srinath @ Vicky Singh on whose confessional statement, the name of this petitioner has transpired in this case has already been granted bail vide order dated 04.09.2019 passe in Cr. Misc. No. 62786 of 2019. Chargesheet has already been submitted in this case. Petitioner has got no criminal antecedent and he is in custody since 22.10.2020.

Considering the period of custody, coupled with the fact that petitioner bears clean antecedent, the bail petition of the petitioner is allowed. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned ACJM, XIV, Vaishali at Hajipur, in connection with Lalganj P.S. Case No. 227/2019, subject to 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 on his absence on two consecutive dates

Patna High Court CR. MISC. No.4299 of 2021(2) dt.19-03-2021 3/3 without sufficient reason, his bail-bonds 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) Saif/- U T