Anil Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36028 of 2018 Arising Out of PS. Case No.-5 Year-2015 Thana- SALAIYA District- Aurangabad ====================================================== Anil Choudhary, Son of Banshi Choudhary, Resident of Village- Mouna Tola, Kadwa, P.S.- Nokha, District- Rohtas at Sasaram. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s :

Mr. Anil Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 22-06-2018 Heard learned counsels for the petitioner and the State.

The petitioner, already in custody, seeks bail in connection with Salaiya P.S. Case No. 05 of 2015, registered under Sections 395 of the Indian Panel Code.

Allegation in brief is that dacoity was committed by some unknown miscreants in the house of the informant. Learned counsel for the petitioner submits that FIR is against unknown. Merely on the basis of disclosure of his name in the confessional statement of Dinesh Choudhary this petitioner and other co-accused have been implicated in this case . He further submits that neither any incriminating material was recovered from possession of the petitioner nor he was put on TIP and one of the accused was admitted on bail earlier by

Patna High Court Cr.Misc. No.36028 of 2018(2) dt.22-06-2018 2/2 co-ordinate bench of this Court vide Cr. Misc. No. 28014 of 2016.

Having considered the aforesaid facts and circumstances, the petitioner, namely Anil Choudhary is directed to be released on bail subject to confirmation of his criminal antecedent upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad, in connection with Salaiya P.S. Case No. 5 of 2015, with further conditions:-

(1) One of the bailors must be close family members of the petitioner.

(2) The petitioner shall appear on each and every date before the trial court and if he absent himself on two consecutive dates without any reasonable cause his bail bond was liable to be cancelled.

(Arun Kumar, J) khushbu/- U T