Gagan Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38489 of 2018 Arising Out of PS.Case No. -53 Year- 2016 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Gagan Choudhary S/o Ramchandra Choudhari Resident of Mirjapur Band Dwar, P.S. - Town, District - Begusarai.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-07-2018 Petitioner apprehends his arrest in connection with Begusarai (Town) P.S. Case No. 53 of 2016 registered for the offences punishable under Sections 302, 307, 34 of the Indian Penal Code and 27 of the Arms Act.

Petitioner is not named in the FIR and later on his name transpired in the statement recorded under Section 164 Cr.P.C. by some of the witnesses.

Submission of learned counsel for the petitioner is that in this case after investigation final form has been submitted against the petitioner but learned Magistrate has taken cognizance and similarly situated co-accused has been granted privilege of anticipatory bail by a co-ordinate Bench of this Court vide order dated 5.4.2018 passed in Cr.Misc.No. 19811 of 2018.

Patna High Court Cr.Misc. No.38489 of 2018 (2) dt.02-07-2018 2/2 Heard learned APP also.

Having heard both sides and in the facts and circumstances, let the petitioner, named above, in the event of his arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, in connection with Begusarai Town P.S. Case No. 53 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

(Vinod Kumar Sinha, J) spal/- U