Vishun Chaudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.35403 of 2017 (3) dt.31-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35403 of 2017 Arising Out of PS.Case No. -93 Year- 2017 Thana -DAUDNAGAR District- AURANGABAD ======================================================

1. Vishun Chaudhary, son of Late Faudar Chaudhary, R/o Vill- Mahawar, P.S.- Daudnagar, Distt- Auranagabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajiv Ranjan Kr. Pandey For the Opposite Party/s : Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-08-2017 As prayed for learned counsel for the petitioner is permitted to make necessary correction in paragraph - 11 of the petition.

The petitioner seeks regular bail in connection with Daudnagar P.S. Case No. 93 of 2017, registered for offences punishable under Sections 304/34 of the Indian Penal Code. Allegation against the petitioner and other co-accused person is of assaulting the deceased causing his death. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and as a matter of fact that field of the deceased caught fire and deceased started running away here and there and got injured and later on succumbed to his injuries. Further petitioner has been in judicial custody since 31.05.2017.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.35403 of 2017 (3) dt.31-08-2017 Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned ACJM, Daudnagar, in connection with Daudnagar P.S. Case No. 93 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