Dhanoj Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77850 of 2018 Arising Out of PS. Case No.-299 Year-2018 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Dhanoj Chouhan S/o Sureman Chouhan, R/o vill- Mahdah, P.S. - Buxar(M), Distt. -Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma, Advocate For the Opposite Party/s :

Mr.Sir Pawan Kumar Chaurasiya (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Buxar (M) P.S. Case No. 299 of 2018 registered for the offences punishable under Sections 399, 402, 414 of the Indian Penal Code and Section 25(1-b)a, 35 of the Arms Act.

Informant is a police officer who has alleged that he received a confidential information that 5-6 miscreants variously armed are planning to commit grave offence on stolen motorcycle and on receiving such information he reached said place and out of five miscreants two were apprehended and remaining managed to escape.

It has been submitted on behalf of the petitioner

Patna High Court Cr.Misc. No.77850 of 2018(2) dt.03-01-2019 2/2 that he is innocent and has committed no offence. He has been falsely implicated in this case on suspicion only. Nothing has been recovered from the possession of petitioner. He has no criminal antecedent and is in custody since 13.10.2018. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar, in connection with Buxar (M) P.S. Case No. 299 of 2018, subject to 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 Court and his absence on two consecutive dates without sufficient reasons, 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) Rajiv/- U T