Subodh Chaudhary @ Malu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15469 of 2019 Arising Out of PS. Case No.-17 Year-2003 Thana- GOH District- Aurangabad ====================================================== SUBODH CHOUDHARY @ MALU, son of Shri Jawahir Choudhary, Resident of Village -Ismilepur, P.S.- Mehandia, District- Arwal. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhu Narayan Sharma, Advocate For the Opposite Party/s :
Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 29-05-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in Sessions Case No.02 of 2019 arising out of Goh P.S. Case No.17 of 2003 instituted for the offence under Section(s) 307 and other allied sections of Indian Penal Code, Section 27 of the Arms Act, Section 3, 4, and 5 of the Explosives Substance Act and Section 17 of the CLA Act. It is a case of misuse of privilege of bail. It is mentioned in the impugned order that bail bond of the petitioner was cancelled on 25.08.2006.
Counsel for the petitioner submits that Petitioner is in custody since 20.12.2018.
This Court finds that petitioner has sufficiently been penalized for the laches committed by him.
Patna High Court CR. MISC. No.15469 of 2019(4) dt.29-05-2019 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 2nd Additional Sessions Judge, Aurangabad, in connection with Sessions Trial No.02 of 2019 arising out of Goh P.S. Case No.17 of 2003, subject to the condition that both the bailors shall be close relative of the petitioner.
Further, (i) the petitioner will remain present on each and every date of trial, (ii) His absence on two consecutive date(s) without any reasonable cause will make his bail bond liable to be cancelled, and (iii) the petitioner will not intimidate the witnesses in any way and will not hamper the trial. (Sanjay Priya, J) J. Alam/- U T