Krishna Chaudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.49649 of 2017 (2) dt.09-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49649 of 2017 Arising Out of PS.Case No. -72 Year- 2017 Thana -MASAURHI District- PATNA ======================================================

1. Krishna Chaudhary Son of Late Shiv Balak Chaudhary, Resident of Village- Gurupatichak, P.S. Masaurhi, District Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prem Ranjan Kumar For the Opposite Party/s : Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-11-2017 Heard the parties.

The petitioner seeks regular bail in connection with Masaurhi P.S.Case no.72 of 2017 registered for offences punishable under Sections 448, 341, 323, 504, 506, 307, 302/34 of the Indian Penal Code.

Allegation against the petitioner and six other accused persons is of assaulting the deceased causing his death. Submission of the learned counsel for the petitioner is that except general and omnibus allegation, no specific allegation has been attributed against him. Though there is allegation against seven other accused persons of assault and only three injures have been found on the person of the deceased. The petitioner is in custody for eight months.

Patna High Court Cr.Misc. No.49649 of 2017 (2) dt.09-11-2017 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sri Ranjay Kumar, J.M. Ist Class, Masaurhi in connection with Masaurhi P.S.Case No.72 of 2017. With 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 co-operate 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 bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T