Hari Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1514 of 2018 Arising Out of PS.Case No. -231 Year- 2017 Thana -TRIVENIGANJ District- SUPAUL ======================================================

1. Hari Choudhary, son of Rajendra Prasad Choudhary @ Rajendra Chaudhary, resident of Village- Singheshwar, Police Station- Singheshwar, District- Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-01-2018 Earlier prayer for bail of the petitioner was disposed of vide order dated 15.11.2017, passed in Cr. Misc. No. 49289 of 2017, with direction to the court below to verify the submission of made by learned counsel for the petitioner in that particular order, that except suspicion, there was nothing against him. Submission of learned counsel for the petitioner is that he has moved before the court below for grant of bail, however, the court below without verifying the aforesaid fact, has rejected the prayer for bail of the petitioner. Petitioner has been in custody since 28.07.2017 and is ready to abide by any condition imposed on him for grant of bail.

Heard learned APP also.

Having heard both sides, in view of the above facts as well as in view of the order dated 15.11.2017, passed in Cr. Misc. No. 49289 of 2017, let the petitioner above named, be released on

Patna High Court Cr.Misc. No.1514 of 2018 (2) dt.17-01-2018 2/2 bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM -I, Supaul, in connection with Tribeniganj P.S. Case No. 231 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T