Raj Kumar Choudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56016 of 2018 Arising Out of PS.Case No. -12 Year- 2018 Thana -PHULWARIA District- BEGUSARAI ======================================================

1. Raj Kumar Choudhary,

2. Abhimanyu Choudhary,

3. Bipat Chaudhary @ Vipat Chaudhari @ Deepak Choudhary, All Sons of Late Chetram Choudhary, R/o Vill.- Malti, P.S.- Phulwaria, DistrictBegusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jai Shanker Prasad For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-10-2018 The petitioners seek bail in connection with Phulwaria P.S. Case No. 12 of 2018, registered for offences punishable under Sections 120(B), 302, 201/34 of the Indian Penal Code.

Allegation is of causing death of the brother of the informant.

It has been submitted on behalf of the petitioners that they are not named in the F.I.R and they have no role to play in the death of brother of the informant and have falsely been made accused in this case only on the basis of suspicion as there was land dispute between the parties. Further petitioners have been in judicial custody since 06.07.2018 and co-accused of this case has

already been enlarged on bail by a coordinate Bench of this Court vide order dated 03.10.2018 passed in Cr. Misc. No. 50319 of 2018.

Heard learned A.P.P. also.

Having heard both sides, considering the aforementioned facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000, (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Begusarai, in connection with Phulwaria P.S. Case No. 12 of 2018, with following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two

consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of their bail bonds. (Vinod Kumar Sinha, J) sunil/- U T