Soman Chaupal @ Shiwan Caupal @ Shobhan Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76128 of 2019 Arising Out of PS. Case No.-153 Year-2019 Thana- MANIGACHI District- Darbhanga ====================================================== SOMAN CHAUPAL @ SHIWAN CAUPAL @ SHOBHAN CHAUPAL Son of Ram Bilas Chaupal @ Ram Bilash Chaupal Resident of Village- Daibhat, P.S.- Manigachhi, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 457, 380 of the Indian Penal Code and Section 411 of the IPC was also added. Allegation against the petitioner is to have committed theft in the house of the informant and took away ornaments of gold of 40 gram and silver.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner has got no criminal antecedent and is in custody since 26.07.2019.

Considering the facts and circumstances of the case and nature of allegation, I am not inclined to enlarge the

Patna High Court CR. MISC. No.76128 of 2019(3) dt.18-12-2019 2/2 petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is hereby rejected.

However, after framing of charges, 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 court below where the case is pending in connection with Manigachhi P.S. Case No. 153 of 2019 (CRI No.2042 of 2019) 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 absence on two consecutive dates without sufficient reason, his 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) Sanjay/- U T