Bihari Chaudhari @ Bikash Kumar ... vs The State Of Bihar on 23 May, 2023

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Patna High Court - Orders

Bihari Chaudhari @ Bikash Kumar ... vs The State Of Bihar on 23 May, 2023

Bench: Chandra Prakash Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No 26034 of 2023
                     Arising Out of PS. Case No.-540 Year-2021 Thana- JAGDISHPUR District- Bhojpur
                 ======================================================
                 BIHARI CHAUDHARI @ BIKASH KUMAR CHAUDHARI @ VIKASH
                 KUMAR SON OF SATENDRA CHAUDHARI RESIDENT OF VILLAGE-
                 DHAN CHHAPRA, PS- BRAHAMPUR, DISTT- BUXAR

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr Ravindra Kumar, Advocate
                 For the Opposite Party/s :       Mr Jai Narain Thakur, APP
             ======================================================
            CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH

                                                  ORAL ORDER

2   23-05-2023

Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner has preferred this application for grant of regular bail in connection with Jagdishpur Police Station (for brevity, PS) Case No 540 of 2021 dated 24.12.2021 registered for the offence punishable under Section 392 of Indian Penal Code.

As per prosecution case, three unknown miscreants, boarded on a motorcycle, overtook the vehicle of the informant Patna High Court CR. MISC. No.26034 of 2023(2) dt.23-05-2023 2/3 and looted Rs 22,000/-, Aadhar Card, mobile phone, helmet etc of the informant on the point of pistol.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Five criminal cases are pending against him, as stated in paragraph 3 of the bail petition. He is in custody in this case since 01.01.2022. He is not named in the First Information Report. It is further submitted that his name has transpired in the confessional statement of co-accused Riju Nat.

Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge VIII, Bhojpur at Ara in Jagdishpur PS Case No 540 of 2021 dated 24.12.2021 with the condition:

The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, his bail is liable to be cancelled.

Patna High Court CR. MISC. No.26034 of 2023(2) dt.23-05-2023 3/3 This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./-

U      T

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Patna High Court - Orders