Shiv Shankar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14245 of 2021 Arising Out of PS. Case No.-3 Year-2019 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== 1.

SHIV SHANKAR CHAUDHARY Son of Late Darbhi Chaudhary 2.

Sanjay Chaudhary Son of Shiv Shankar Chaudhary 3.

Santosh Chaudhary Son of Shiv Shankar Chaudhary All Resident of Village- Rajakpur, P.S.- Nawkothi, District- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Sanjana,Adv For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-07-2021 Let the defect (s) be removed within four weeks after start of the physical Court.

Heard the parties in virtual Court.

Petitioners seek bail in a case registered for the offences punishable under Sections 326,307,504 and 34 of Indian Penal Code. Section 302 IPC has been added after taking cognizance.

According to first information report, the informant was burnt by the petitioners and others which resulted in subsequent death.

Learned counsel for the petitioners refers to the final form submitted in this case and contends that the Doctor found

Patna High Court CR. MISC. No.14245 of 2021(2) dt.07-07-2021 2/2 75% burn injury and in that situation the patient would not be physically and mentally in a condition to make statement. Moreover, the FIR does not bear certificate of the Doctor that in fact the victim was in a position to make the statement. Considering the submission aforesaid, let the petitioners, above named, who are in custody since 02.12.2020, and investigation of the case is complete, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Nawkothi Police Station Case No.03 of 2019 with following conditions:

(a) Both the bailors shall be resident of territorial jurisdiction of the learned Court-below.

(b) The petitioners shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(c) The petitioners shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Nitesh/- U T