Patna High Court - Orders
Chhotu Ravidas @ Chhotu Chandarbanshi @ ... vs The State Of Bihar on 30 March, 2017
Author: Rajendra Kumar Mishra
Bench: Rajendra Kumar Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6232 of 2017
Arising Out of PS.Case No. -10 Year- 2013 Thana -ROSHANGAANJ District- GAYA
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Chhotu Ravidas @ Chhotu Chandarbanshi @ Chhotu Das, S/o Krit Ram,
Resident of Village- Kauwal, P.S. Chhatar Pur, District- Palamu, Jharkhand.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Vinod Kumar
For the Opposite Party/s : Mr. Jai Narain Thakur
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CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
MISHRA
ORAL ORDER
3 30-03-2017Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Raushanganj P.S. Case No. 10 of 2013, registered under Sections 147, 148, 149, 353, 427, 379, 302, 124(A) and 120(B) of the Indian Penal Code, Section 27 of the Arms Act Section 3, 4, 5 of Explosive Substance Act and Section 17 of the C.L.A. Act.
Learned counsel for the petitioner submits that the petitioner was allowed bail by the Court of Addl. Sessions Judge-Ist, Gaya vide B.P.No. 331/1624 of 2014 on 16.01.2015 with condition that the "bailor will file an affidavit clearly stating that the petitioner is not accused in any other case and if he is, he shall not be released on bail" Thereafter, on 19.11.2016 petitioner filed an application for modification of the aforesaid condition imposed in order dated 16.01.2015 allowing the petition to release on bail on the ground that the petitioner is Patna High Court Cr.Misc. No.6232 of 2017 (3) dt.30-03-2017 2/2 accused in eight cases, but the Addl. Sessions Judge-1st, Gaya refused to modify the order dated 16.01.2015. Further submission is that while the petitioner is accused in eight cases, which details has been given in supplementary affidavit, but he is on bail in all cases and similarly situated co-accused Bandhu Yadav @ Tufani Yadav has already been allowed on bail by a co-ordinate Bench of this Court on 25.05.2016 passed in Criminal Miscellaneous No. 22315 of 2016 Having regard to the facts and the circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the SDJM, Sherghati, Gaya in connection with Raushanganj P.S. Case No. 10 of 2013. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner and further the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to cancel of his bail bonds.
(Rajendra Kumar Mishra, J) manish/-
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