The High Court at Patna granted bail to the petitioner in a bail petition filed in connection with a case under Sections 392 IPC, imposing conditions regarding sureties and cooperation in trial.
Petitioner released on bail on furnishing bond of Rs. 10,000/- with two sureties subject to specified conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49346 of 2022
Arising Out of PS. Case No.-138 Year-2022 Thana- BODHGAYA District- Gaya
======================================================
PRADEEP CHAUDHARY @ CHUTAR Son of Late Babu Lal Chaudhary Resident of Village - Kachanapur (Bagdaha), P.S.- Bodh Gaya, District - Gaya.
... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sunil Kumar Yadav For the Opposite Party/s : Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 21-12-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
Learned counsel for the petitioner is permitted to make necessary correction in paragraph 3 of the bail petition.
The petitioner seeks bail in connection with BodhGaya P.S. Case No. 138 of 2022 registered for the offences punishable under Sections 392 of the Indian Penal Code.
As per prosecution case, three unknown miscreants came on a motorcycle and snatched the bag of informant on point of pistol in which cash of Rs. 48,400/-, mobile and other articles were kept.
Patna High Court CR. MISC. No.49346 of 2022(2) dt.21-12-2022 2/3
Learned counsel for the petitioner submits that petitioner is in custody since 25.05.2022. Petitioner bears one criminal antecedent in which he is on bail. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that petitioner is not named in the F.I.R. Name of present petitioner has been transpired on the basis of confessional statement of co-accused Pramod Paswan. Except confessional statement there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. Nothing has been recovered from conscious possession of the petitioner. Petitioner is innocent and has falsely been implicated in the present case.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case as well as period of custody, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, nothing has been recovered from conscious possession of the petitioner, argument advanced on behalf of the parties and also taking into consideration the material available on record, let the petitioner above named be
Patna High Court CR. MISC. No.49346 of 2022(2) dt.21-12-2022 3/3
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 learned Judicial Magistrate, First Class, Gaya in connection with Bodh-Gaya P.S. Case No. 138 of 2022, subject to following conditions:-
(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J)
amitkr/-
U T
Pradeep Chaudhary @ Chutar
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
