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Patna High CourtCR. MISC./63324/2017bail granted

Sanjay Choudhary v. The State Of Bihar

2018-01-12Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63324 of 2017 Arising Out of PS.Case No. -132 Year- 2015 Thana -RAJNAGAR District- MADHUBANI ======================================================

1. Sanjay Choudhary, Son of Late Bharat Chaudhary, Resident of VillageBelhar, P.S.- Raj Nagar, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 12-01-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Raj Nagar P.S. Case No.132 of 2015 registered for the offences punishable under Sections 341, 323, 325, 307, 504, 506 and 34 of the Indian Penal Code.

It has been submitted that the F.I.R. has been lodged against four accused persons, out of whom this petitioner and one Sanjay Choudhary allegedly assaulted the informant on his head. It has been submitted that the allegation of assault is omnibus against two persons. The petitioner and the informant are agnates and a land dispute is going on. The petitioner is in custody since 21.03.2017 having clean antecedent.

Patna High Court Cr.Misc. No.63324 of 2017 (2) dt.12-01-2018 The learned A.P.P. for the State opposed the submission.

Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-VI, Madhubani in connection with Raj Nagar P.S. Case No.132 of 2015 corresponding to S.T. No.301 of 2017, subject to the 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) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate 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. (Sanjay Kumar, J) Harish/- U