Guddu Kumar @ Guddu Kumar Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74544 of 2019 Arising Out of PS. Case No.-158 Year-2019 Thana- GOPALPUR District- Gopalganj ====================================================== 1.

GUDDU KUMAR @ GUDDU KUMAR CHAUHAN Son of Awadh Chauhan Resident of Village - Lachhpur, P.S.- Gopalpur, Distt - Gopalganj. 2.

Rajpal Chauhan @ Rajpal Kumar Chauhan Son of Ramratan Chauhan Resident of Village - Lachhpur, P.S.- Gopalpur, Distt - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Singh For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 379, 411 and 34 of the Indian Penal Code, registered in connection with Gopalganj P.S.Case No. 158 of 2019.

3. It is submitted that the petitioners have been falsely implicated in connection with the recovery of stolen motor from the possession of the apprehended co-accused Kaish Ansari, who has disclosed the name of the petitioners. It is submitted that no incriminating articles has been recovered from the conscious possession of the petitioners, who claim clean antecedents.

4. Be that as it may, in the event of petitioners' arrest or surrender before court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.74544 of 2019(2) dt.18-12-2019 2/2 satisfaction of learned Chief Judicial Magistrate, Gopalganj in in connection with Gopalganj P.S.Case No. 158 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) HR/- U