Vishwa Mohan Chaudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2867 of 2017 Arising Out of PS.Case No. -73 Year- 2003 Thana -KURTHA District- JEHANABAD ======================================================

1. Vishwa Mohan Chaudhary, son of Jatan Chaudhary,

2. Mahesh Chaudhary, son of Vishwa Mohan Chaudhary, Both are resident of Village Dhodhara, P.S.- Kurtha, District- Arwal. .... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Paras Nath, Advocate For the Opposite Party : Mr. Smt Pushpa Sinha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-02-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners want to renew the prayer of bail, which was earlier rejected vide order dated 21.12.2016 passed in Cr. Misc. 54416 of 2016, on the ground that the petitioners have voluntarily surrendered on 27.05.2016 and since then they are in custody, now charge has been framed and, as such, the petitioners deserve sympathetic consideration.

The learned A.P.P. opposes the prayer of bail and submits that they have remained absconding since long and, as such, their prayer for bail was rejected and now charge has been framed.

In the facts and circumstances stated above,

Patna High Court Cr.Misc. No.2867 of 2017 (2) dt.08-02-2017 2/2 petitioners are directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of the learned Additional Sessions Judge-III, Jehanabad, in connection with S.Tr. 574/016/274/016 , arising out of Kurtha P.S. Case No. 73 of 2003, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T