Patna High CourtCR. MISC./50024/2018bail granted

Baban Choudhary @ Paras Choudhary @ Parasnath Choudhary @ Parasnath Singh And ANR v. The State Of Bihar

2018-08-25Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50024 of 2018 Arising Out of PS.Case No. -39 Year- 1992 Thana -DAWATH District- SASARAM (ROHTAS) ======================================================

1. Baban Choudhary @ Paras Choudhary @ Parasnath Choudhary @ Parasnath Singh Son of Nanhaku Choudhary @ Raghunandan Choudhary

2. Mahendra Choudhary Son of Haricharan Choudhary Both resident of Village- Jamsona, P.S. Dawath, District Rohtas at Sasaram. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s : Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-08-2018 Let defect No. 14(1) be ignored.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are in custody in connection with Dawath P.S. Case No.39 of 1992, a case under Sections 147/148/149/323/324/337/427/307 of the Indian Penal Code and Section 27 of the Arms Act.

Submission of the learned counsel for the petitioners is that both the petitioners are very old aged about 70 years. This is a case of misuse of privilege of bail. The FIR was registered in the year 1992 and Sessions Trial N.426 of 1993 was registered after commitment of the case. The bail bond was

Patna High Court Cr.Misc. No.50024 of 2018 (2) dt.25-08-2018 P2/ cancelled on 24.04.2015 without conclusion of the trial for 25 years. The petitioners have never misused the privilege of bail in the past.

Considering the entire facts, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Dawath Police Station Case No. 39 of 1992, with condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Mkr./- U T