Manoj Choudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12804 of 2018 Arising Out of PS.Case No. -278 Year- 2017 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Manoj Choudhary,

2. Deva Choudhary, Both sons of Heera Choudhary, Resident of VillageDayanagar, P.S.- Noorsarai, District- Nalanda. .... .... Petitioners/s

Versus

1. The State of Bihar.

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

For the Petitioners/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-04-2018 The petitioners are apprehending their arrest in connection with Noorsarai P.S. Case No. 278 of 2017, registered for offences punishable under Sections 341, 323, 504, 307 and 34 of the Indian Penal Code.

Allegation against the petitioners that they caught hold the informant, allowing other accused of this case to inflict a hasua blow on the informant.

It has been submitted on behalf of the petitioners that only allegation against the petitioners is that they caught hold the informant and no other allegation of assault has been attributed too them. Further there is case and counter case between the parties and petitioners have no criminal antecedents. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and also the fact that petitioners have no criminal antecedents, let the petitioners above named, in the event

Patna High Court Cr.Misc. No.12804 of 2018 (2) dt.03-04-2018 2/2 of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Nalanda at Biharsharif, in connection with Noorsarai P.S. Case No. 278 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., it is further subject to the condition that:- (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 shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part two appear before the police 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