Sakil Chaudhary@ Skill Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19225 of 2017 Arising Out of PS.Case No. -15 Year- 2016 Thana -LUTUA District- GAYA ======================================================

1. SAKIL CHAUDHARY@ SKILL CHAUDHARY Son of Kamlesh Chaudhary resident of village - Sakti Asthan, P.S. Chakand, District - Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-05-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Lutua P.S. Case No. 15 of 2016 registered for the offences punishable under Sections 414, 120(B) of the Indian Penal Code and Section 25 (1B)a /26, 35 of the Arms Act. Allegedly, co-accused Deva Chaudhary was apprehended and thereafter, Rahul Chaudhary and Rajan Chaudhary were apprehended and from their possession, besides fire arm, incriminating articles were recovered and they also stated the name of the petitioner and others.

Submission is of false implication and that save and except confessional statement of co-accused, there is no other material against the petitioner. He has not been apprehended at the

Patna High Court Cr.Misc. No.19225 of 2017 (2) dt.17-05-2017 2/2 spot, nothing ahs been recovered from conscious possession and he is in custody since 18.11.2016. Similarly situated co-accused Gauan Pasi has been allowed bail vide order dated 11.04.2017 passed in Criminal Miscelaneous No. 17872 of 2017 by another co-ordinate Bench of this Court and, as such, petitioner also deserves sympathetic consideration.

The learned A.P.P. fairly submits that the petitioner was not apprehended at the spot.

In the facts and circumstances stated above, the above named petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Sherghati (Gaya) in connection with Lutua P.S. Case No. 15 of 2016 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) sushma/- U T