Chandra Shekhar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16907 of 2019 Arising Out of PS. Case No.-297 Year-2004 Thana- TAJPUR District- Samastipur ====================================================== CHANDRA SHEKHAR CHOUDHARY Son of Late Basudeo Choudhary Resident of Village- Malpur Jorpura, P.S.- Tajpur (Halai O.P.), DistrictSamastipur- 848504. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kishore Thakur, Advocate.

For the Opposite Party/s :

Mr. Amit Kumar Rakesh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-03-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Tajpur P.S. Case No. 297 of 2004, instituted for the offence under Section(s) 364, 302, 201/34 of the Indian Penal Code, but in the impugned order only Sections 364 and 365/34 of the Indian Penal Code has been mentioned.

Counsel for the petitioner submits that earlier petitioner was granted anticipatory bail by coordinate Bench of this Court vide order dated 4.3.2015 passed in Cr. Misc. 41001 of 2014, but later on the anticipatory bail of the petitioner was cancelled by order dated 12.08.2016 passed in Cr. Misc.20081 of 2015 as there was concealment that criminal antecedent is

Patna High Court CR. MISC. No.16907 of 2019(2) dt.27-03-2019 2/2 also against the petitioner. Thereafter, the petitioner moved before the Hon'ble Supreme Court by filing S.L.P. (Cri.) which was also dismissed by order dated 18.8.2017.

It is alleged in the written report that brother of the informant namely, Gopal Chaudhary and his villager Saroj Choudhary were seen talking with the petitioner and other accused persons. Besides such suspicion there is no material of committing any overt act against the petitioner . Petitioner is in custody since 7.1.2019.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. 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 Chief Judicial Magistrate, Samastipur, in connection with Tajpur P.S. Case No. 297 of 2004, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T