Baudha @ Sanjay Choudhary @ Sanjay Kumar @ Baudha Choudhry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7582 of 2019 Arising Out of PS. Case No.-260 Year-2015 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Baudha @ Sanjay Choudhary @ Sanjay Kumar @ Baudha Choudhry son of Late Lakhan Choudhary, resident of Mohalla Saketpuri, Road No.02, Hanuman Nagar, Police Station-Patrakarnagar District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Mouar For the Opposite Party/s :

Mr.Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302, 201/34 of the Indian Penal Code. It has been submitted that the petitioner is in custody since 02.12.2016 and has got no criminal antecedent. So far the petitioner is concerned, he is alleged to have caught hold of the deceased and the allegation of assault was made against coaccsued, namely, Kunal @ Kunal Kumar. The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application taking into account that the petitioner was absconding for more than a year, due to which the trial had to be separated and other co-accused

Patna High Court CR. MISC. No.7582 of 2019(3) dt.17-07-2019 2/2 Kunal @ Kunal Kumar had been acquitted by the trial court as all the prosecution witnesses have turned hostile. The case of the petitioner has already been committed to the court of Sessions and the cahrge has been framed, but till date no prosecution witness has been examined.

Counsel for the petitioner undertakes that the petitioner will co-operate during trial.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 Additional Sessions Judge IXth, Patna in connection with S.Tr. No.470(A) of 2016 arising out of Ram Krishna Nagar P.S. case No.260 of 2015.

If the petitioner does not not appear in the court below on two consecutive dates, his bail bond will be cancelled by the court below itself.

(Sudhir Singh, J) Narendra/- U T