Sujit Kumar @ Sujit Chaudhary @ Sujit Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70733 of 2019 Arising Out of PS. Case No.-344 Year-2019 Thana- CHAPRA TOWN District- Saran ====================================================== Sujit Kumar @ Sujit Chaudhary @ Sujit Kumar Chaudhary Son of Late Raj Kumar Chaudhary Resident of Village- Bada Telpa, Police Station- Chapra (Town), District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in Chapra (Town) P.S. Case No. 344 of 2019, registered for the offence punishable under Section 379 of the Indian Penal Code. Later on, section 411 and 120(B) of Indian Penal Code were added.

The informant is Inspector of Town P.S. It is alleged that one Pulsar motorcycle and 70 litres of country made wine in connection with Chapra Town P.S. Case No. 341 of 2019 were seized and the seized motorcycle was kept in P.S. premises. It is further alleged that when informant along with other police officials came back from duty, he did not find the vehicle in the premises.

Patna High Court CR. MISC. No.70733 of 2019(2) dt.25-11-2019 2/3 It is submitted by learned counsel appearing on behalf of petitioner that petitioner is not named in the F.I.R. During course of investigation, name of this petitioner has come in the confessional statement of co-accused Ramesh Prasad @ Aditya. Petitioner is in custody since 20.06.2019. Charge-sheet has already been submitted. Co-accused Ramesh Prasad @ Aditya has been granted bail by this court vide order dated 07.08.2019 passed in Cr. Misc. No. 47944 of 2019.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged 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 Additional Chief Judicial Magistrate I, Saran at Chapra in connection with Chapra (Town) P.S. Case No. 344 of 2019, subject to the following conditions:- (i) The 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 as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.70733 of 2019(2) dt.25-11-2019 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T