Jitendra Kumar Chaubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24753 of 2018 Arising Out of PS.Case No. -204 Year- 2017 Thana -KOILWAR District- BHOJPUR ======================================================
1. Jitendra Kumar Chaubey S/o Shiva Shambhu Chaubey, R/o MohallaHousing Colony Arrah, P.S.- Arrah Nawada, District- Bhojpur, Bihar. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Lal, Advocate For the Opposite Party/s : Mr. Manoj Kumar - 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-05-2018 Heard the parties.
The petitioner seek anticipatory bail in connection with Koilwar P.S. Case No. 204 of 2017, registered for offences punishable under Sections 419 and 420 of the Indian Penal Code and 7 of E. C. Act.
Allegation against the petitioner is that 114 bags of M.D.M. rice was brought by pick up van of the petitioner and the same was being kept in the house of one co-accused, Ajay Singh in Gidha for black marketing and police raided the house, seized the articles.
Submission of the learned counsel for the petitioner is that the petitioner is owner of pick up van but M.D.M. rice was not carried by his vehicle and the same was being kept in the
Patna High Court Cr.Misc. No.24753 of 2018 (2) dt.04-05-2018 2/3 house of one Ajay Singh, who has been granted bail by a Coordinate Bench of this Court vide order dated 17.02. 2018 passed in Cr. Misc. no. 2574 of 2018.
Learned A.P.P. opposes the prayer for bail.
Having heard both sides and in view of the facts and circumstances as discussed above, let the petitioner, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs. 25,000/- ( Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Arrah in connection with Koilwar P.S.Case No. 204 of 2017, subject to the condition that as laid down under Section 438 (2) of the Code of Criminal procedure.
With following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
ii) The petitioner will not induce any witness or tamper with the evidence.
iii) The petitioner shall co-operate in the
Patna High Court Cr.Misc. No.24753 of 2018 (2) dt.04-05-2018 3/3 investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond.
(Vinod Kumar Sinha, J) Sudha/- U T