Lallan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51059 of 2014 Arising Out of PS.Case No. -62 Year- 2014 Thana -AGIAUN District- BHOJPUR ====================================================== Lallan Chaudhary Son of Late Jag Narayan Chaudhary Resident of village - Mandura P.S. Agiow (G) Distt- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajendra Nath Sinha For the Opposite Party/s : Mr. B.M.P Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 04-03-2015 Nobody appears on behalf of the State to oppose the prayer for bail of the petitioner. Heard the learned counsel for the petitioner.

The petitioner seeks regular bail in connection with Agiaon P.S. Case No. 62 of 2014 for the offences punishable under Sections 420, 406, 302, 201/34 of the Indian Penal Code. From the allegations in the First Information Report, it transpires that the deceased Ganesh Yadav is alleged to have been killed due to some dispute regarding transaction of sale of land. The present petitioner happens to be the father of Uttam Choudhary and has been custody since 10.06.2014. The learned counsel for the petitioner has submitted that the First Information Report and even during the course of investigation, it has not been found that the petitioner

Patna High Court Cr.Misc. No.51059 of 2014 (4) dt.04-03-2015 has committed any overt act leading to the death of the deceased Ganesh Yadav. It has further been submitted by referring to the paragraphs of the case diary that the deceased Ganesh Yadav has been killed by Uttam Choudhary along with his accomplices. The learned counsel has further submitted that the entire family of the said Uttam Choudhary has been implicated in this case. Considering the aforesaid facts and submissions, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Ara, Bhojpur in connection with Agiaon (G) P.S. Case No. 62 of 2014, subject to the following conditions:- (a) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court:

(b) The petitioner shall be well represented on each date in the court below and his failure to do so on two sequential dates shall entail

Patna High Court Cr.Misc. No.51059 of 2014 (4) dt.04-03-2015 cancellation of his bail bonds:

(c) The petitioner shall abide by the above conditions scrupulously and in case of violation of any of the conditions, the prosecution would be at liberty to move the Court for cancellation of bail.

(V. Nath, J) Devendra/- U