Ranjeet Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14123 of 2022 Arising Out of PS. Case No.-1112 Year-2019 Thana- NAWADA District- Nawada ====================================================== RANJEET CHOUDHARY S/o Girja Choudhary @ Birja Choudhary Resident of Loharpura, P.S.- Kadirganj, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar, Adv For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-05-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 304(B), 201/34 of the IPC. Petitioner is husband of the deceased.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that this is the 3rd attempt of the petitioner for renewing his prayer for bail. Earlier the prayer for bail of the petitioner was rejected vide order dated 28.09.2020 in Cr. Misc. No.25218 of

Patna High Court CR. MISC. No.14123 of 2022(3) dt.11-05-2022 2/3 2020 with direction to the learned Trial Court to expedite and hold the trial on day to day basis and conclude the same within one year from the date of receipt of this order. Thereafter the petitioner again approached to this Hon'ble Court in Cr. Misc. No.54711 of 2021 which was dismissed as withdrawn with liberty to the petitioner to file a fresh application after availing the opportunity before the learned court below.

It appears from the impugned order that the charge has been framed against the petitioner on 28.10.2021 and till date no prosecution witness has been examined and the case is pending for prosecution evidence and the petitioner is in custody since 15.11.2019.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, 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 learned Court below where the case is pending in connection with S.Tr.No.137 of 2020 arising out of Nawada (Town) (O.P. Kadirganj) P.S. Case No.1112 of 2019, with the following conditions:-

Patna High Court CR. MISC. No.14123 of 2022(3) dt.11-05-2022 3/3

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T