Vindhyachal Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59950 of 2017 Arising Out of PS.Case No. -167 Year- 2016 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ====================================================== Vindhyachal Chaudhari, S/o Lakshmi Chaudhary, Resident of villageAlampur, P.S.- Shivsagar (Baddi), District- Rohtas. ... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ashutosh Tripathy, Advocate For the Opposite Party: Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 07.09.2017 in connection with Shivsaagar (Baddi) P.S. Case No. 167 of 2016 for the offences alleged under Sections 341, 323, 342, 365 and 506 of the Indian Penal Code and Sections 13, 17 and 20 of the Unlawful Activities (Prevention) Act, 1967.

3. It is submitted that the petitioner has been falsely implicated merely on the basis of the extra-judicial confession of co-accused Bijay Rajbhar @ Bijai Rajvar. Except such statement, there is no material to connect the petitioner with the alleged offence. The said accused Bijay Rajbhar @ Bijai Rajvar has been granted bail by this Court in Cr. Misc. No. 16263 of 2017. Another co-accused Dhupan Singh has also been granted bail by this Court in Cr. Misc. No. 7065 of 2017.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram

Patna High Court Cr.Misc. No.59950 of 2017 (2) dt.12-12-2017 2/2 in connection with Shivsaagar (Baddi) P.S. Case No. 167 of 2016, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) B.T/Chandran U T