Uttam Kumar Chaubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39330 of 2017 Arising Out of PS.Case No. -20 Year- 2017 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Uttam Kumar Chaubey, s/o Swesta Chaubey @ Sachidanand Chaubey, r/o vill- Chargahan, PS- Sirisiya O.P., Dist- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner.

The petitioner seeks regular bail in connection with Chanpatia (Sirisia O.P.) PS case no. 20 of 2017 registered for the offences punishable under Sections 363, 364, 328 of Indian Penal Code.

The story of the prosecution according to the informant is that while his son was going to his computer shop, he was apprehended by three accused persons and was kidnapped whereafter, the son of the informant is said to have been beaten by the said persons as well as they are said to have taken away the computer, mobile phone etc.

The learned counsel for the petitioner submits that the petitioner has clean antecedent, is in custody since 18.05.2017 and similar situated co-accused person namely Parasmani

Patna High Court Cr.Misc. No.39330 of 2017 (2) dt.19-08-2017 2/3 Chaubey @ Saurav Kumar @ Saurav Kumar Chaubey has already been granted regular bail by this Court by an order dated 08.08.2017 passed in Cr. Misc. no. 35620 of 2017. Having heard both sides. Considering the facts and circumstances of the case and also in view of submission, let the petitioner abovenamed be released on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah (West Champaran) in connection with Chanpatia (Sirisia O.P.) PS case no. 20 of 2017 subject to 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 induct any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the Court and on the event of failure on his part to appear before the Court below on two consecutive dates

Patna High Court Cr.Misc. No.39330 of 2017 (2) dt.19-08-2017 3/3 without showing any genuine reasons, the prosecution will be free to move for cancellation of his bail bonds.

(Mohit Kumar Shah, J.) rinkee/- U T