IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36530 of 2009 BIJAY CHAUBEY @ CHOKAT CHAUBEY Versus STATE OF BIHAR ----------- 03. 19.11.2009 Petitioner is in custody in relation to Sathi P S Case No. 51 of 2009 which was registered under sections 394, 120B/34 of the Indian Penal Code. A written information was lodged with the police by one Jagdish Das naming three persons including the petitioner that he had gone to Gonahi Bazar for selling two pairs of bullocks. One pair was sold to one Dinanath Pandey for Rs.22600/-. He promised to make payment by 3 PM but he did not turn up till 5 PM. In the meantime, yet another pair of bullocks was sold to other farmer. Payment was made to the informant by Dinanath Pandey for the first pair of bullocks and thereafter informant started returning home with Rs.54600/-. It is stated that subsequently Dinanath Pandey with one Mukesh Kushwaha started following him. Mukesh Kushwaha stopped and blocked the way of informant and they tried to snatch the money. On resistance, he was threatened and even assaulted. It is stated that said Mukesh Kushwaha then told his other companions Giriya and Bijaiya to run. Petitioner’s name is Bijay Choubey and that is why he is named as accused in the FIR. Submission of the learned counsel for the petitioner is that it is only an inference based on which his name was taken in the first information report. Even according to the narration in the FIR there is no overt act against the petitioner in the said crime. Therefore, he should be given benefit of doubt and enlarged on bail. - 2 - Keeping the above in mind let petitioner Bijay Chaubey alias Chokat Chaubey be enlarged on bail on furnishing bail bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah in Sathi P S Case No. 51 of 2009. One of the sureties will be executed by one Rajeshwar Chaubey who is father-in-law of the petitioner and has sworn affidavit in the present bail application and the other by a close blood relation of the petitioner on due identification. Petitioner will co-operate in the trial and shall not abscond. rkp (Ajay Kumar Tripathi, J)