Lalbabu Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62870 of 2017 Arising Out of PS.Case No. -325 Year- 2017 Thana -JAKKANPUR District- PATNA ======================================================
1. Lalbabu Choudhary, S/o Ram Lakhan Choudhary @ Lakhan Choudhary, Resident of Mohalla- Devi Asthan Shivajee Nagar Old Jakkanpur, P.S.- Jakkanpur, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Jakkanpur P.S. Case No.325 of 2017 registered for the offences punishable under Sections 419, 420, 290/34 of the Indian Penal Code and Section 11 of Bengal Gambling Act along with Section 3/4 of Lottery Act.
It has been submitted that the police on secret formation conducted raid and apprehended one Satyendra Roy. The said Satyendra Roy has been allowed bail by one of the coordinate Bench of this Court in Cr.Misc.No.55292 of 2017 on 16.11.2017. The said apprehended accused had disclosed the
Patna High Court Cr.Misc. No.62870 of 2017 (2) dt.11-01-2018 name of the petitioner and other co-accused. The other coaccused persons have been allowed anticipatory bail by the Court of Sessions. Except confessional statement, there is nothing against the petitioner. So far antecedent is concerned, the petitioner is on bail in all cases registered against him. The petitioner is in custody since 16.10.2017.
The learned A.P.P. for the State opposed the submission.
Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to 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 the learned A.C.J.M.-cum-Sub-Judge-I, Patna in connection with Jakkanpur P.S. Case No.325 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) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (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
Patna High Court Cr.Misc. No.62870 of 2017 (2) dt.11-01-2018 below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail. (Sanjay Kumar, J) Harish/- U