Sonman Choudhary And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.30775 of 2014 (2) dt.14-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30775 of 2014 Arising Out of PS.Case No. -52 Year- 2014 Thana -Rosera district- Samastipur ===================================================

1. Sonman Choudhary, son of Ganesh Choudhary

2. Man Mohan Choudhary, son of Gopal Choudhary Both resident of village Taiya Rahi, P.S. - Rosera and District - Samastipur.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Utsav Kumar For the Opposite Party/s : Mr. Sangeeta Sharma(APP) =================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 14-01-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners, apprehend their arrest in connection with a case registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code, is one of the named accused in this case instituted after recovery of dead body of informant's brother who had been seen going in the evening along with but never returned and on the following day dead body was recovered. There is not even a whisper about any foundation for raising finger against the petitioners nor anything emerged from order of the learned Sessions Judge. Further, as

Patna High Court Cr.Misc. No.30775 of 2014 (2) dt.14-01-2015 submitted, petitioners carry no criminal antecedent.

If, it is so, considering the facts and circumstances of the case, in the event of their arrest or surrender before the court below within four weeks, let the petitioners above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Rosera, in connection with Rosera P.S. Case No. 52/2014, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled.

Rajeev/- (Akhilesh Chandra, J.) U T