Radheshyam Choudhary @ Radhey Shyam Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41487 of 2017 Arising Out of PS.Case No. -75 Year- 2017 Thana -BOCHHA District- MUZAFFARPUR ======================================================

1. Radheshyam Choudhary @ Radhey Shyam Chaudhary Son of Late Jageshwar Chaudhary Resident of village- Maidapur, P.S.- Bochahan, District- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-09-2017 The petitioner seeks regular bail in connection with Bochaha P.S. Case No. 75 of 2017, registered for offences punishable under Section 414 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act.

Allegation against the petitioner is of recovery of one motorcycle along with one cartridge.

It has been submitted on behalf of the petitioner that though it is alleged that one motorcycle along with one cartridge has been recovered from the possession of the petitioner, however, there is nothing available on record to show that the said motorcycle was stolen motorcycle. It has also been submitted that petitioner has sufficiently been punished for the said offence as he has been in judicial custody since 13.05.2017 and so far other

criminal antecedent is concerned, he has already been acquitted in that case.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, 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 ACJM, Muzaffarpur, in connection with Bochaha P.S. Case No. 75 of 2017, subject to the 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) Petitioner shall mark his attendance in the concerned police station in the first week of each month till conclusion of trial.

(iv) 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 without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T