Dadan Choudhary @ Dadan Noniya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18692 of 2024 Arising Out of PS. Case No.-23 Year-1997 Thana- DHANSOI District- Buxar ====================================================== Dadan Choudhary @ Dadan Noniya Son Of Late Inar Noniya @ Injar Choudhary Resident Of Village - Mirjapur, P.S. - Dinara, District - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Sunil Kumar Pathak, Advocate For the State :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Dhansoi P.S. Case No. 23 of 1997 instituted for the offence under Sections 147, 148, 149, 307 of the Indian Penal Code and Section 27 of the Arms Act.

3.

Prosecution case in short is that petitioner and other co-accused persons have obstructed the informant and his nephew from sowing seed in their field.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 10-01-2024. Petitioner bears one criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application. He has made an accused

Patna High Court CR. MISC. No.18692 of 2024(2) dt.14-03-2024 2/3 in one another case, but he has been acquitted by the Hon'ble High Court.

5.

The present one is the case of misuse of privilege of bail. Order for issuance of NBW was directed on 21-05-16, against the petitioner and the same was issued on 01-08-2016, but due to non-appearance vide order dated 08-12-2021, process u/S 82 Cr.P.C. was issued on 27-04-2022 and process u/S 83 of Cr.P.C. was issued against the petitioner on 01-06-2022, but the same has not complied, but after petitioner came to know, he himself has surrendered on 10-01-2021. It is submitted that petitioner is victim of the circumstances. It is lastly submitted that petitioner hereby undertakes to cooperate the trial till ends and abide by the conditions laid down by this Hon'ble Court. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and undertaking of the petitioner to cooperate in the trial, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties

Patna High Court CR. MISC. No.18692 of 2024(2) dt.14-03-2024 3/3 of the like amount each to the satisfaction of Court below/concerned Court in connection with Dhansoi P.S. Case No. 23 of 1997, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T