Chaturi Rai @ Chaturi Rajbhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72649 of 2019 Arising Out of PS. Case No.-202 Year-2019 Thana- ITARHI District- Buxar ====================================================== CHATURI RAI @ CHATURI RAJBHAR Son of Shankar Bhar @ Shankar Rai Resident of Village- Kukudha, P.S.- Itarhi, District- Buxar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-01-2020 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code.

Petitioner is not named in the FIR but during course of investigation, the name of petitioner surfaced in this case. However, the investigating agency claimed that Rs. 2000/- was recovered from the house of petitioner.

It has been submitted on behalf of the petitioner that petitioner does not have any criminal antecedent and so far as the recovered amount is concerned, the same belongs to the petitioner. petitioner has been made accused on the basis of confessional statement of co-accused Amresh Kumar in other cases as disclosed in para-3 of the petition. The co-accused

Patna High Court CR. MISC. No.72649 of 2019(2) dt.13-01-2020 2/3 person Amresh Kumar on whose confession petitioner has made accused in this case has been granted bail by a co-ordinate bench of this Court vide order dated 04.11.2019 in Criminal Miscellaneous No. 66495 of 2019. Petitioner is in custody since 07.08.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Itarahi P.S. Case No. 202 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/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

Patna High Court CR. MISC. No.72649 of 2019(2) dt.13-01-2020 3/3 the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Mohit Kumar Shah, J) ajay gupta/- U T