Md. Chotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58156 of 2018 Arising Out of PS.Case No. -341 Year- 2017 Thana -MOUZAHIDPUR District- BHAGALPUR ======================================================

1. Md. Chotu son of Md. Riaz @ Raju Driver @ Md. Riyaz Ali Resident of Shahbaznagar, Police Station - Mozahidpur, District - Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-10-2018 Heard the parties.

The petitioner seeks regular bail in connection with S.t.No.249 of 2018 (arising out of Mojahidpur (Babarganj) P.S./case No.341 of 2017 registered for offences punishable under Sections 341, 342, 323,307, 386, 387, 504, 506, 34 of the Indian Penal Code.

Allegation against the petitioner as per FIR is that one video was viral showing that some accused persons are demanding extortin including the petitioner.

Submission of the learned counsel for the petitioner is that there is false implication and the other accused persons having similar allegation and having criminal antecedent have been granted bail by the then co-ordinate Bench of this Court, vide order dated 22.6.2018 passed in Cr. Misc. No.36261 of 2018 and he is in custody since 19.12.2017.

Patna High Court Cr.Misc. No.58156 of 2018 (2) dt.08-10-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the fact that the petitioner is accused in ten other cases but considering the fact that another co-accused has been granted bail, who was accused in 15 other cases has been granted bail, as such, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Addl. District and Sessions Judge I, Bhagalpur in connection with S.T.No.249 of 2018 (arising out of Mojahidpur (Babarganj) P.S.Case No.341 of 2017. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U