Gopal Choudhary @ Prem Sahani Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Gopal Choudhary @ Prem Sahani Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the petitioner on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-IX, Begusarai in Sessions Trial No. 123 of 2022, subject to conditions: (i) one bailor to be father, mother, sister, brother, wife or the person who swore the affidavit in the bail application; (ii) cooperation in trial and presence on all dates, absence for two consecutive dates being ground for cancellation by the trial court; (iii) no tampering with evidence or witnesses, failing which the prosecution may move for cancellation.

Issue for consideration

Whether the petitioner, in custody since 03.02.2022 in Sessions Trial No. 123 of 2022 arising out of Begusarai Town P.S. Case No. 327 of 2021 for an offence punishable under Section 395 IPC, should be released on bail.

Ratio / Principle

The Court directed that the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-IX, Begusarai, in connection with Sessions Trial No. 123 of 2022 arising out of Begusarai Town P.S. Case No. 327 of 2021.

Key takeaways

Bail made conditional on the petitioner cooperating in trial and remaining present on all dates; absence for two consecutive dates to be a ground for cancellation of bail by the learned trial court itself.ratio¶¶19
The prosecution is to be at liberty to move for cancellation of bail if the petitioner tampers with the evidence or the witnesses.ratio¶¶20

Detailed headnote1 paragraphs

Patna High Court (Ramesh Chand Malviya, J.), order dated 24-04-2024 in Criminal Miscellaneous No. 21704 of 2024 - Regular bail allowed. Petitioner Gopal Choudhary @ Prem Sahani sought bail in Sessions Trial No. 123 of 2022 arising out of Begusarai Town P.S. Case No. 327 of 2021, registered for an offence punishable under Section 395 of the Indian Penal Code; the prosecution case was that five unknown persons entered a jewellery shop and looted articles worth Rs.19 lacs. Counsel for the petitioner submitted that he was innocent and falsely implicated, was not named in the FIR, his name surfaced on the confessional statement of a co-accused, the chargesheet had been filed, he was in custody since 03.02.2022, and similarly situated co-accused had already been granted bail by this Court in Cr. Misc. Nos. 72268 of 2021, 798 of 2022 and 9347 of 2022; the learned APP opposed the prayer. Considering the facts and circumstances, the Court released the petitioner on bail on bonds of Rs.10,000 with two sureties of like amount to the satisfaction of learned ADJ-IX, Begusarai, with conditions that one bailor be a close relative or the affidavit-swearer, that the petitioner attend all trial dates (absence on two consecutive dates a ground for cancellation by the trial court itself), and that there be no tampering with evidence or witnesses, breach permitting the prosecution to seek cancellation.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21704 of 2024

Arising Out of PS. Case No.-327 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai

======================================================

Gopal Choudhary @ Prem Sahani son of Kapil Choudhary @ Kapil Sahani Moh- Gandhi Nagar Ps- Agamkuan Dist- patna

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arbind Kumar Singh, Advocate For the Opposite Party/s : Mr. Rina Sinha, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

2 24-04-2024

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in a case registered for an offence punishable under Section 395 of the Indian Penal Code.

As per prosecution case, five unknown persons entered into the jewelry shop and looted articles worth of Rs.19 lacs.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case and petitioner is not named in the FIR and the name of the petitioner came on the basis of confessional statement of co-accused, chargesheet has already been submitted and petitioner is in custody since03.02.2022. Similarly situated co-accused persons have been granted bail by this Court passed in Cr. Misc. Nos. 72268 of 2021, 798 of 2022 and 9347 of 2022 and petitioner is in custody since 03.02.2022.

Patna High Court CR. MISC. No.21704 of 2024(2) dt.24-04-2024 2/2

Learned APP for the State opposes the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-IX, Begusarai in connection with Sessions Trial No. 123 of 2022 arising out of Begusarai Town P.S Case No. 327 of 2021 with 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 cooperate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned trial court itself.

(iii) If the petitioner tamper with the evidence or the witnesses, in that, case, the prosecution will be at liberty to move for cancellation of bail.

(Ramesh Chand Malviya, J)

Brajesh Kumar/- U T