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Patna High Court - Orders

Pukku @ Kuku Chouhan @Kukku Chouhan vs The State Of Bihar on 13 August, 2015

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Criminal Miscellaneous No.29579 of 2015
                  Arising Out of P. S. Case No. -770 Year- 2014 Thana -FORBESGANJ District-
                                                   ARRARIA
                 ======================================================
                 PUKKU @ KUKU CHOUHAN @Kukku Chouhan Son of Late Ramotar
                 Chouhan resident of village Ganga Sagar, P.S. Jalalgarh, District Purnea.

                                                                         .... ....   Petitioner
                                                  Versus
                 The State of Bihar

                                                                .... .... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :  Mr. Ajit Ranjan Kumar, Adv.
                 For the Opposite Party/s : Mr. Indu Kumari Srivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL
                                            ORAL ORDER

2   13-08-2015

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner, who seeks bail in a case registered for the offence punishable under Sections 395, 397 of IPC and 3/4 of Explosive Substance Act, is in custody since 24.12.2014.

It is submitted that FIR has been lodged against unknown. During investigation, the name of the petitioner has appeared in the confessional statement of co-accused. Later on, the petitioner has also confessed his guilt before the police. There has no recovery of incriminating article from the possession of the petitioner. However, after investigation charge-sheet has already been submitted and there is no chance of tampering with the witnesses. The petitioner has been put on Test Identification Parade but the informant has not been able to identify the Patna High Court Cr.Misc. No.29579 of 2015 (2) dt.13-08-2015 2/2 petitioner.

Learned counsel for the State submits that the petitioner has also criminal antecedent of similar nature.

Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria/court concerned after framing of charge in Forbisganj (Simraha) P. S. Case No. 770 of 2014 with following conditions:-

1. The petitioner will not indulge himself in similar or any other offence.
2. One of the bailors must be the close relative of the petitioner.
3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/-

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