Kulanand Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16035 of 2021 Arising Out of PS. Case No.-90 Year-2020 Thana- HATHAURI District- Samastipur ====================================================== Kulanand Chaudhary S/O Late Devanarayan Choudhary @ Devan Chaudhary R/O Village-Ballipur, P.S-Hathauri, District-Samastipur.... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Udbhav, Adv For the State :

Mr.A.P.P.

For the Informant : Mr.Ram Bali Jha, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-07-2021 Let the defect (s) be removed within four weeks after start of the physical Court.

Heard the parties in virtual Court.

Petitioner seeks bail in a case registered for the offences punishable under Sections 307,323,337,34,341,504,506 IPC, later on Section 302 IPC was also added. On the order of the petitioner, son of the petitioner allegedly assaulted to the deceased with a weapon of cutting. Petitioner has got no criminal antecedent. Investigation of the case is already complete. Petitioner is in custody since 02.09.2020.

Mr. Ram Bali Jha, learned counsel for the informant strenuously opposed the prayer for bail and contends that infact the petitioner is instigator, as such abettor of the offence and he is punishable with the same punishment which is awardable

Patna High Court CR. MISC. No.16035 of 2021(2) dt.19-07-2021 2/2 against the real perpetrator of the crime.

Considering the nature of allegation against the petitioner and completion of investigation, there is no need for further detention of the petitioner as undertrial prisoner, hence let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Hathauri Police Station Case No.90 of 2020 with following conditions: (a) Both the bailors shall be resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner 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 petitioner.

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

(Birendra Kumar, J) Nitesh/- U T