Pankaj Kumar Chaudhary @ Rajesh Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3802 of 2018 Arising Out of PS.Case No. -170 Year- 2012 Thana -KHAJAULI District- MADHUBANI ======================================================
1. Pankaj Kumar Chaudhary @ Rajesh Kumar Chaudhary S/o Jitendra Chaudhary, R/o Village- Kanhauli Dih, P.S.- Khajauli, District- Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-02-2018 The petitioner is apprehending his arrest in connection with Khajauli P.S. Case No. 170 of 2012, registered for offences punishable under Sections 147, 148, 149, 341, 323, 307, 333, 337, 427, 452, 435, 436, 380, 504, 506 and 120(B) of the IPC. Allegation against the petitioner and large number of other accused persons entered into the office of B.D.O., Khajauli and damaged the articles of office worth Rs. 33, 19, 590 and also set the office in fire.
It has been submitted on behalf of the petitioner that only general and omnibus allegation has been levelled against the petitioner and further petitioner was earlier not named in the F.I.R, however, his name has been dragged during the course of investigation, that too only on the basis of suspicion and he had no role to play in the alleged incident.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let
Patna High Court Cr.Misc. No.3802 of 2018 (2) dt.01-02-2018 2/2 the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate -1st Class, Madhubani, in connection with Khajauli P.S. Case No. 170 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part two appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T