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Patna High CourtCR. MISC./80619/2019bail granted

Lallu Chauhan v. The State Of Bihar

2020-01-14Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 80619 of 2019 Arising Out of PS. Case No.-75 Year-2019 Thana- KOCHAS District- Rohtas ====================================================== LALLU CHAUHAN Son of Pashuram Chauhan @ Parsuram Chaudhary Resident of Village - Mahalla - Ghandhi Nagar Kochas Ward No. 5, P.S.- Kochas, Distt - Rohtas at Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey, Advocate For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 379/411/34 of the Indian Penal Code.

Allegation is that when petitioner and others were fleeing along with the motorcycle of the informant they were apprehended.

Submission is that for property dispute false case has been lodged. The petitioner has stated on oath that he has got no criminal antecedent. There is non-compliance of the requirement of Section 100 Cr.P.C. in the matter of seizure. Seizure list is not signed by the petitioner. The petitioner is in

Patna High Court CR. MISC. No. 80619 of 2019(2) dt.14-01-2020 2/2 custody since 01.04.2019. Investigation of the case is already complete.

Considering the entire facts aforesaid as well as the fact that there is nothing to substantiate that the petitioner is going to tamper with the evidence or abscond the process of law, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Kochas P.S. Case No.75 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T