Sonu @ Niraj Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17366 of 2017 Arising Out of PS.Case No. -49 Year- 2016 Thana -KHAGARIA District- KHAGARIA ====================================================== Sonu @ Niraj Choudhary, Son of Ajay Chaudhary, Resident of Village/Mohalla - Rahimpur, Nayatola, P.S. - Muffasil, District - Khagaria and at present residing at Jayprakash Nagar, Ward No. - 23 , P.S. - Khagaria, P.S. - Khagaria.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Kumar Thakur, Advocate.

Mr. Nilesh Kumar, Advocate.

For the Opposite Party : Mr. Dilip Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-05-2017 Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner, Mr. Vivekanand Singh, learned counsel for the informant and learned APP for the State.

The petitioner seeks bail in Khagaria (Muffassil) P.S. Case No. 49 of 2016 registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code and under Section 27 of the Arms Act.

The prayer for bail of the petitioner was earlier rejected vide order dated 28.11.2016 passed in Cr. Misc. No. 38353 of 2016 with an observation that the petitioner may renew his prayer for bail after remaining nine months in custody. The petitioner has already remained in jail for more than nine months, as he is in jail

Patna High Court Cr.Misc. No.17366 of 2017 (2) dt.17-05-2017 2/2 since 27.06.2016.

Shri Vivekanand Singh, learned counsel for the informant submits that the charges have not been framed as yet. Other accused persons did not appear in court and it is one of the reasons for non-framing of charge.

Considering the facts aforesaid the petitioner above named is directed to be enlarged 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 Chief Judicial Magistrate, Khagaria in Khagaria (Muffassil) P.S. Case No. 49 of 2016, subject to the conditions that the petitioner shall appear on each and every date during course of trial and the petitioner shall not absent on two consecutive dates and, if the petitioner fails to appear on two consecutive dates, the court below shall be at liberty to cancel the bail bond of the petitioner.

(Prabhat Kumar Jha, J.) KKSINHA/- U T