Jitu Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52264 of 2018 Arising Out of PS.Case No. -59 Year- 2013 Thana -AMBA District- AURANGABAD ======================================================

1. Jitu Choudhary, S/o Late Ram Nath Choudhary, R/o Village Maharai Ganj, P.S.- Kutumba, District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-10-2018 Heard the parties.

The petitioner seeks regular bail in connection with Amba P.S.Case nO.59 of 2013 registered for offences punishable under Sections 395 and 397 of the Indian Penal Code. Allegation against the petitioner as per FIR is that some miscreants entered inside the house of the informant and committed loot-pat and also fired on the informant. The petitioner is not named in the FIR.

Submission of the learned counsel for the petitioner is that he has been made accused on the basis of confessional statement of the co-accused and he is in custody since 22.5.2018. The charge-sheet has been submitted and he has not even put on TIP. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.52264 of 2018 (2) dt.05-10-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of CJM, Aurangabad in connection with Amba P.S.Case No.59 of 2013.

With following conditions :

(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 will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T