Rajendra Chaudhary @ Naga Chaudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15758 of 2017 Arising Out of PS.Case No. -716 Year- 2016 Thana -NAWADA District- NAWADA ======================================================

1. Rajendra Chaudhary @ Naga Chaudhary, Son of Lakhan Chaudhary, Resident of Village- Gosai Bigha, P.S.- Nawada, District- Nawada.

2. Manoj Kumar, Son of Late Ashok Singh, Resident of Village- Idnepur Mirjapur, P.S.- Nawada, District- Nawada. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-04-2017 Heard learned counsel for the petitioners and learned A.P.P. representing the State.

The petitioners seek bail in connection with Nawda Town P.S. Case No. 716 of 2016 registered for the offences punishable under Sections 307/34 of the Indian Penal Code and 27 of the Arms Act.

The petitioners are not named in the First Information Report.

It is submitted on behalf of petitioners that the name of the petitioners transpired in the confessional statement of Rajesh Choudhary. Nothing has been recovered from possession of the petitioners. They are in custody since 04.01.2017. In this case co-accused Somesh Satyam @ Nivi Kumar @ Nivi Kumr has already been allowed bail vide Criminal Miscellaneous No. 10204

Patna High Court Cr.Misc. No.15758 of 2017 (2) dt.26-04-2017 2/2 of 2017 and, as such, the petitioners also deserve sympathetic consideration.

The learned A.P.P. opposes the prayer of bail. In the facts and circumstances as stated above, the petitioners above named are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Nawda Town P.S. Case No. 716 of 2016, subject to the conditions that one of the bailors must be 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) Vats/- U T