Sonu Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79604 of 2018 Arising Out of PS. Case No.-119 Year-2018 Thana- ASARGANJ District- Munger ====================================================== Sonu Kumar Chaudhary son of Katiman Chaudhary, resident of villageMakwa, P.s. - Asarganj, Distt.- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ambrish Kumar Jha For the Opposite Party/s :

Mr.Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Asarganj P.S. Case No. 119 of 2018 registered for the offence punishable under Sections 392 of the Indian Penal Code.

Informant in his written complaint has stated that he was returning to his maternal house after taking evening tea and breakfast and when reached near Mango Orchard, four unknown miscreants surrounded him and on the point of pistol took away Rs. 12,580/-, ATM Card, AADHAR Card, one silver chain and one mobile. FIR is against unknown.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case only on suspicion. Petitioner is not named in the FIR. Nothing has been recovered from the possession of the petitioner. Till date,

Patna High Court Cr.Misc. No.79604 of 2018(3) dt.14-02-2019 2/2 TIP of the petitioner has not been conducted. Except his own confession, there is no incriminating material against the petitioner. Petitioner is in custody since 18.10.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IInd, Munger, in connection with Asarganj P.S. Case No. 119 of 2018 , with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U