Rambujhawan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72315 of 2018 Arising Out of PS. Case No.-149 Year-2000 Thana- PANDAUL District- Madhubani ====================================================== Rambujhawan Chaudhary, S/o Late Barish Lal Chaudhary, Resident of Village- Shahpur, P.S.- Pandaul, District- Madhubani. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Yogendra Kumar For the Opposite Party/s :

Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Pandaul P.S. Case No. 149 of 2000 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Informant is the mother of deceased who has alleged that on 12.10.2000 at about 9:30 pm, two persons came to her her house and inquired about her deceased son and after midnight Sunita Devi informed her that her son has been killed by the FIR named accused.

It has been submitted on behalf of the petitioner that petitioner is not named in FIR. The name of the petitioner has surfaced during course of investigation. It has been further submitted that petitioner is 80 years old and has been falsely implicated in this case. Similarly, situated co-accused persons

Patna High Court Cr.Misc. No.72315 of 2018(2) dt.06-12-2018 2/2 have been granted bail by co-ordinate benches of this Court vide orders dated 03.08.2018 in Criminal Miscellaneous No. 24823 of 2018 and 18.09.2018 in mc1 51488 of 2018. Petitioner has got no criminal antecedent and is in custody since 18.09.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani, in connection with Pandaul P.S. Case No. 149 of 2000, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U