Taitlar Chaudhary @ Vijay Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51351 of 2017 Arising Out of PS.Case No. -11 Year- 2017 Thana -MANSURCHAK District- BEGUSARAI ====================================================== TAITLAR CHAUDHARY @ VIJAY CHAUDHARY S/o Dilip Chaudhary, @ Dilip Kumar Chaudhary, R/o Village- Temuha, P.S.- Mansoor Chak, District- Begusarai.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satyendra Narayan Singh, Adv. For the Opposite Party/s : Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Mansoor Chak P.S. Case No. 11/2017 instituted for the offence under Sections 457, 380 and 511 of the Indian Penal Code.
Counsel for the petitioner has submitted that he has been falsely implicated due to enmity. There is no recovery from his possession as per written report itself. Mobile was produced before the police by the informant. In the written report it is alleged that in the night she got awake on the sound of Khat Khat and saw one person ran away after climbing the boundary wall and in that course one mobile fell down which was produced before the police by the informant and she told that this mobile belongs to the person who has fled away after climbing boundary wall. The petitioner has no criminal antecedent.
Patna High Court Cr.Misc. No.51351 of 2017 (2) dt.08-11-2017 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner named above, within six weeks from today, in connection with Mansoor Chack P.S. Case No. 11/2017, shall be enlarged on anticipatory 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 Additional Chief Judicial Magistrate I, Begusarai, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions
(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,
(2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and
(3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) Vinita/- U T