Akhilesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71847 of 2021 Arising Out of PS. Case No.-40 Year-2021 Thana- NARDIGANJ District- Nawada ====================================================== AKHILESH CHAUDHARY S/o Rajbali Chaudhary R/o- Vill. - Simariya, P.S. - Fatehpur, Distt. - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Chandra Bhushan Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offence punishable under Section 395 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 20.03.2021, charge-sheet has been submitted and has antecedent of two cases.

Allegation is of looting the bag by unknown criminal containing Rs.14,42,170/-.

Learned counsel for the petitioner submits that name of this petitioner transpired in the confessional statement of Pappu Kumar and Rakesh Singh and thereafter it is alleged that Rs.65,000/- was recovered from the house of the petitioner.

Patna High Court CR. MISC. No.71847 of 2021(2) dt.12-05-2022 2/3 Learned counsel further submits that note which is alleged to have been recovered was wrapped on which logo of Bandhan Bank was embossed. Learned counsel also submits that the alleged recovered amount belongs to the family of the petitioner and the Gramin Bank was looted and the alleged money which was recovered was of Bandhan Bank and the petitioner was not put on T.I. Parade. Learned counsel further submits that coaccused Radhey Paswan has been granted bail by order dated 18.04.2022 in Cr. Misc. No. 51870 of 2021.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 20.03.2021, charge-sheet has been submitted and taking into consideration the submissions made by the learned counsel for the petitioner, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Nardiganj P.S. Case No. 40 of 2021, subject to the condition that one of the bailors of the petitioner shall be his father Rajbali Chaudhary and further the petitioner will appear on day-to-day basis in the trial and in the event if the

Patna High Court CR. MISC. No.71847 of 2021(2) dt.12-05-2022 3/3 petitioner does not appear on two consecutive dates, the learned court below shall forthwith cancel the bail bond of the petitioner.

(Satyavrat Verma, J) Kundan/- U T