Adarsh Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12634 of 2018 Arising Out of PS.Case No. -606 Year- 2017 Thana -BARARI District- BHAGALPUR ====================================================== Adarsh Choudhary S/o Late Mahesh Choudhary, R/o Mohalla- Surkikur, P.S.- Barari, District- Bhagalpur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s : Mr. Sri Madhuranand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
This is a case registered under Sections 452,341,323,342,385,379,307,354(B),504,506,147,148,149, of the Indian Penal Code and 25(1-b)a,26,27,35 of the Arms Act. Petitioner claims to have been falsely implicated in this case. Counsel for the petitioner has relied upon the bail granted to the co-accused namely, Sibal Tanti @ Shiwam Tanti @ Shivam Kumar Tani in Cr. Misc. No 11919 of 2018 and claims parity with the said accused. He submits that he is better than the said accused as the accusation of assault and other overt act was made against the said Sibal Tanti and against the petitioner no such allegation has been levelled. He is in jail custody in connection with this case since 15.09.2017 in the other two cases
Patna High Court Cr.Misc. No.12634 of 2018 (3) dt.05-04-2018 2/2 mentioned in Para 3 of the bail application, he is already on bail. In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Second Additional District & Sessions Judge, Bhagalpur in Sessions Trial No. 1012 of 2017 arising out of Kotwali (Barari) P.S. Case No. 606 of 2017 subject to the conditions :
(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.
(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.
(Madhuresh Prasad, J) Prakash/- U