Patna High CourtCR. MISC./46403/2016bail granted

Dharampal Chauhan v. The State Of Bihar

2016-10-22Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46403 of 2016 Arising Out of PS.Case No. -52 Year- 2016 Thana -GHOSI District- JEHANABAD ====================================================== Dharampal Chauhan son of Lakhpati Chauhan, resident of VillageGovindpur Beldaripar, P.S. Noorsarai, District- Nalanda. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajeev Kumar, Adv. For the Opposite Party : Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-10-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 05.05.2016 in connection with Ghoshi P.S. Case No. 52 of 2016 for the offences alleged under Section 395 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and except the confessional statement of co-accused Dablu Yadav who has since been granted bail by this Court in Cr. Misc. No. 42674 of 2016, there is no material to connect the petitioner with the alleged offence. Further, Ranjeet Chauhan, who was implicated on the confessional statement of the petitioner, has also been granted bail by this Court in Cr. Misc. No. 37373 of 2016. No recovery has been made from the conscious possession of the petitioner.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named 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 learned Chief Judicial Magistrate, Jehanabad, in connection with Ghoshi P.S. Case No. 52 of 2016, with the following conditions:- (i) That one of the bailors will be a close relative of

Patna High Court Cr.Misc. No.46403 of 2016 (2) dt.22-10-2016 the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure to do so on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/BT U T