Yogendra Chaudhary @ Gunga Chaudhary @ Gonga v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33729 of 2017 Arising Out of PS.Case No. -716 Year- 2016 Thana -NAWADA District- NAWADA ======================================================

1. YOGENDRA CHAUDHARY @ GUNGA CHAUDHARY @ GONGA Son of Late Birju Chaudhary, R/o Village- Gosai Bigha, P.S.- Akbarpur, District- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-07-2017 Heard the parties.

The application is for grant of bail in connection with Nawda Town P.S.Case No.716 of 2016 corresponding to S.Tr.No.478 of 2017/92 of 2017, registered for offences punishable under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Earlier the petitioner had moved before this Court for grant of bail, which was rejected by this Court, vide order dated 23.3.2017 passed in Cr. Misc. No.13763 of 2017 with an observation that the petitioner may renew his prayer for bail after framing of charge and from perusal of the impugned order, it appears that the charge has been framed in this case. Submission of the learned counsel for the petitioner is that he has been made accused in this case on the basis of confessional statement and now he is in custody for about 6 1⁄2 months.

Patna High Court Cr.Misc. No.33729 of 2017 (2) dt.19-07-2017 2/2 23.3.2017 passed in C Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge-IInd-cumSpecial Judge, Nawada in connection with Nawda Town P.S.Case No.716 of 2016 corresponding to S.Tr.No.478 of 2017/92 of 2017. With 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) The petitioner shall co-operate 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.

(iv) In future, if the active involvement of the petitioner is found in any similar type of cases, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U