Sarwajit Chaudhary @ Satrajit Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84185 of 2024 Arising Out of PS. Case No.-48 Year-2021 Thana- VALMIKINAGAR District- West Champaran ====================================================== Sarwajit Chaudhary @ Satrajit Chaudhary Son of Late Brahmdeo Chaudhary R/O-Village- Paras Nagar, PS- Chautarwa, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anand Kishore Choudhary, Advocate For the State :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-12-2024 Heard the parties.
2. The petitioner is in judicial custody in connection with Valmikinagar P.S. Case No. 48 of 2021 for the offences punishable under Section 392 of the Indian Penal Code, lodged on 20.07.2021 by the informant, Bunty Kumar.
3. As per the prosecution story, the informant alleged that he serves as a Sangam Manager in Bharat Finance Limited and on the fateful day when he was carrying Rs.1,59,267/-, the accused person on motorcycles on the point of pistol had snatched the same along with a mobile. This led to the F.I.R.
4. Learned counsel for the petitioner submits that he has been named in multiple criminal cases which has resulted into his implication in the present case also. Though, he is in
Patna High Court CR. MISC. No.84185 of 2024(2) dt.11-12-2024 2/3 custody since 17.07.2023 (paragraph no.12 of the petition), no T.I. Parade conducted nor anything recovered from his conscious possession.
5. Learned APP for the State opposes the prayer submitting that he has eight criminal cases under his belt.
6. Having heard the parties, though the petitioner has more than half a dozen criminal cases, the fact remains that he is in custody since 17.07.2023, despite that no T.I. Parade conducted nor anything recovered from his conscious possession, if the statement made on record is to be believed, in that background, this Court is inclined to extend him the privilege of bail. However, if it is found the statement regarding either T.I. Parade or recovery from his conscious possession is/are incorrect, the order shall become infructuous.
7. Let the petitioner 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 Additional Chief Judicial Magistrate-1st, Bagaha, West Champaran in connection with Valmikinagar P.S. Case No. 48 of 2021, subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official
Patna High Court CR. MISC. No.84185 of 2024(2) dt.11-12-2024 3/3 document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next one year to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T