Munna Choudhary @ Kamleshwar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22930 of 2019 Arising Out of PS. Case No.-181 Year-2017 Thana- UDWANTNAGAR District- Bhojpur ====================================================== MUNNA CHOUDHARY @ KAMLESHWAR CHOUDHARY Son of Patiram Chaudhary, Resident of Village Keshopur Bakri, P.S.- Udwant Nagar, District- Bhojpur At Ara.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-05-2019 Heard the learned counsel for the petitioner, the informant and the learned A.P.P. for the State. The petitioner seeks bail in Udwantnagar P.S. Case No. 181/2017, instituted for offences under Section(s) 341, 323, 307 and 504/34 of the Indian Penal Code read with Section 27 Arms Act.

Earlier prayer for bail of petitioner was rejected by order dated 27.09.2018 passed in Cr. Misc. No. 53201/2018 with liberty to renew the prayer for bail after six months in the event no substantive progress is made in trial. Report from the court below regarding present stage of case has been received, from which it appears that charge has not been framed in this case till date.

From the report of the court below it appears that trial

Patna High Court CR. MISC. No.22930 of 2019(3) dt.01-05-2019 2/2 is not likely to be concluded within short period. Petitioner is in custody since 30.06.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Udwant Nagar P.S. Case No. 181/2017, subject to the conditions that (I) both the bailors shall be the close relative of the petitioner.

(II) Petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner and (III) if petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J) rakhi/- U T