Chhotu @ Dhananjay Chaudhari @ Dhananjay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54779 of 2019 Arising Out of PS. Case No.-33 Year-2019 Thana- GURUA District- Gaya ====================================================== CHHOTU @ DHANANJAY CHAUDHARI @ DHANANJAY Son of Balendra Chaudhari @ Virendra Chaudhari Resident of Village - Lembuya, P.S.- Raushanganj, Distt - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Pushpa Sinha, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-10-2019 Heard learned counsel for the parties.

Petitioner is in custody since 25.2.2019 for recovery of one pistol and two cartridges from his conscious possession. It is submitted on behalf of the petitioner that the recovery has been in fact planted by the police and charge sheet has also been filed in the case, as such, there is no chance of tempering with the evidence.

In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Sherghati, Gaya in Guria Police Station Case No. 33

Patna High Court CR. MISC. No.54779 of 2019(3) dt.25-10-2019 2/2 of 2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T