Sarju Chaudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11564 of 2017 Arising Out of PS.Case No. -37 Year- 2001 Thana -GURUA District- GAYA ======================================================

1. Sarju Chaudhary, son of Chandradeo Chaudhary,

2. Chandradeo Chaudhary, son of Nanhu Chaudhary, both resident of village- Naudiha, P.S.- Gurua, Distt- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. S. Jamil Akhtar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 22-03-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The Petitioners seek bail in Gurua P.S. Case No.37 of 2001 instituted for the offence under Section(s) 323, 341, 452, 504 Indian Penal Code.

It is a case of misuse of privilege of bail. It appears that bail bonds of the petitioners were cancelled on 12.05.2015, non-bailable warrant of arrests and processes were issued on 01.04.2016 and the petitioner are in custody since 08.12.2016 after being arrested by the police.

From the written report, it appears that it is a case under Section(s) 323, 341, 452, 504 Indian Penal Code. Keeping in view the nature of allegation, this Court

Patna High Court Cr.Misc. No.11564 of 2017 (2) dt.22-03-2017 2/2 feels that petitioners have sufficiently been punished for his laches.

Accordingly, prayer of the petitioners for grant of bail is allowed. Let the Petitioners, above named, be released on bail on furnishing bail bond of `10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st class, Sherghati, Gaya, in connection with Gurua P.S. Case No.37 of 2001, subject to the conditions that both the bailors shall be the close relative of the petitioners. The petitioners will remain physically present on each date of trial and two consecutive defaults without any reasonable cause will result into cancellation of bail bonds of the petitioners.

(Sanjay Priya, J) JA/- U T