Bharat Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70471 of 2021 Arising Out of PS. Case No.-13 Year-2021 Thana- SUGAULI RAIL P.S. District- West Champaran ====================================================== Bharat Chaudhary S/o Madan Chaudhari Resident of Village- Kishunbagh, Ward No.3, Bettiah, P.S.- Bettiah Town, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kumar Ranjit Ranjan, App ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in a case registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code.

According to prosecution case, the informant along with the police party were keeping a watch over the platform. A boy started fleeing away upon seeing the police party near booking counter. He was nabbed and he disclosed his name as Bharat Chaudhary and on search two mobile phones were

Patna High Court CR. MISC. No.70471 of 2021(2) dt.29-04-2022 2/3 recovered from his possession.

Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case on the basis of self confessional statement of the petitioner. He further submits that it appears from the F.I.R. that two mobile phones were recovered from the possession of the petitioner and the same is stolen by him. The petitioner is in custody since 06.08.2021.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries one criminal antecedent other than the present one.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 learned Court below where the case is pending in connection with Sugauli (Bettiah) P.S. Case No. 13 of 2021, subject to 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

Patna High Court CR. MISC. No.70471 of 2021(2) dt.29-04-2022 3/3 as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Gaurav Kumar/- U T