Suraj Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43544 of 2017 Arising Out of PS.Case No. -525 Year- 2015 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ====================================================== Suraj Chaudhary, Son of Ramraj Chaudhary, Resident of VillageKamaranganj, P.S. Indapuri (Dehri), District-Rohtas .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-11-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 20.06.2017 in connection with Dehri Nagar (Indrapuri) P.S. Case No. 525 of 2015 for offences punishable under Sections 344, 323, 307, 379, 427, 385, 120(B) of the Indian Penal Code. The prosecution case, as lodged by the informant, is that while he was sitting 14 persons named in the F.I.R. and 20-25 unknown persons came variously armed with sword ect. broke and damaged the car and also assaulted his son Vinay Kumar Chaudhary and took away Rs. 1,80,000/-, gold chain with mobile. It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the
Patna High Court Cr.Misc. No.43544 of 2017 (3) dt.08-11-2017 2/3 aforesaid case. In fact, the said Vinay Kumar Chaudhary was made an accused in murder of his niece for which Indrapuri P.S. Case No. 485 of 2015 had been lodged by the petitioner's side and the present case is a counter blast to the earlier one. He submits that no specific allegation has been made against the petitioner, allegations being general and omnibus. He submits that chargesheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. However, learned APP for the State opposes the prayer for bail stating therein that the injury found on the son of the informant is grievous in nature.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on completion of six months in custody on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Dehri, District-Rohtas at Sasaram in connection with Dehri Nagar (Indrapuri) P.S. Case No. 525 of 2015, subject to the conditions that:
(1) Both bailors would be close relative of the petitioner having sufficient immovable property, who will file an affidavit stating their relationship with the petitioner.
Patna High Court Cr.Misc. No.43544 of 2017 (3) dt.08-11-2017 3/3
(2) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(Nilu Agrawal, J) Devendra/- U T