Pintu Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65544 of 2021 Arising Out of PS. Case No.-21 Year-2016 Thana- SIKTA District- West Champaran ====================================================== PINTU CHAUDHARY Son of Late Munna Chaudhary Resident of VillageBhewar, P.S.- Jehanabad (Karauna O.P.), District- Jehanabad. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Kumar, Advocate For the Opposite Party/s :
Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-07-2022 Heard learned counsel for the petitioner and learned counsel for the State.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioner is in judicial custody in connection with Sikta P.S. Case No. 21 of 2016 for the offences under Sections 420, 467, 468 and 471 of the Indian Penal Code. The prosecution story as it unfolds is that the Civil Surgeon cum Chief Medical Officer, West Champaran, Bettiah alleged in the FIR that the petitioner joined the post of Male Family Welfare Worker at Primary Health Centre, Sikta on the basis of forged appointment letter. Accordingly, FIR was lodged in 2016. However, the petitioner chose to evade arrest for five
(5) long years and came into judicial custody only in 2021 i.e.
Patna High Court CR. MISC. No.65544 of 2021(3) dt.19-07-2022 2/3 25.08.2021 (as stated in paragraph-10 of the bail application). Taking into account the aforesaid fact that he has evaded arrest for five years, this Court was not inclined to grant him the privilege of bail. However, in view of the fact that he is in custody since 25.08.2021 and charge sheet stands submitted, learned counsel for the petitioner submits that if the petitioner is released on bail he is ready to abide by all the terms and conditions imposed by this Court.
Considering the aforesaid facts, let the petitioner be released on bail on furnishing bail bond of Rs. 15,000/- (Fifteen Thousand) with two sureties of like amount each to the satisfaction of Judicial Magistrate, 1st Class, Bettiah, West Champaran in connection with Sikta P.S. Case No. 21 of 2016, subject to the following conditions:- (i) both the bailors should be the family member of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iii) he shall appear before the concerned police
Patna High Court CR. MISC. No.65544 of 2021(3) dt.19-07-2022 3/3 station every fortnight for one year to mark his presence; (iv) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Jagdish/- U T