Natwar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1608 of 2018 Arising Out of PS.Case No. -274 Year- 2017 Thana -BIRAUL District- DARBHANGA ====================================================== Natwar Chaudhary S/o Arun Chaudhary, resident of village & Post OfficePokharam, Police Station, Biraul, District-Darbhanga. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Prasad For the Opposite Party/s : Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 18-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks bail in connection with Biraul P.S. Case No. 274 of 2017 registered for the offence punishable under section 364 (A) of the Indian Penal Code. It has been submitted that in course of investigation, one Amit Kumar was apprehended on the basis of mobile, which was used for demanding ransom. The said Amit Kumar disclosed the name of this petitioner and other co-accused Shrawan Kumar Choudhary, who are cousin to each other. The father of Amit Kumar is at inimical term with the co-accused Shrawan Kumar for the land dispute and so he implicated this petitioner and other co-accused. One of the co-accused Mukesh Poddar, whose name
Patna High Court Cr.Misc. No.1608 of 2018 (3) dt.18-01-2018 2/3 appeared in the confessional statement of co-accused, has been allowed bail by one of the coordinate Bench of this Court in Cr. Misc. No. 58912 of 2017. It has been further submitted that other co-accused Shrawan Kumar has also been allowed bail by one of the coordinate Bench of this Court in Cr. Misc. No. 3369 of 2018 The petitioner is in custody since 25.06.2017 having clean antecedent and his case stands on similar footing. Considering the facts and circumstances of the case, as stated above, the prayer for bail is allowed and the above named petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Biraul, district-Darbhanga in connection with Biraul P.S. Case No. 274 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
Patna High Court Cr.Misc. No.1608 of 2018 (3) dt.18-01-2018 3/3 genuine reasons, the prosecution is free to move for cancellation of his bail.
(iv) If the petitioner is found involved in similar type of offence in future, the prosecution will have liberty to move for cancellation of his bail. (Sanjay Kumar, J) Mahesh/- U T