Raj Kumar Chaudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40759 of 2018 Arising Out of PS.Case No. -225 Year- 2015 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================

1. Raj Kumar Chaudhary,

2. Shyam Kumar Chaudhary @ Dhurua @ Bhanu Pratap Chaudhary, Both are Sons of Radha Chaudhary, Both are R/o Vill.- Gaighat, P.S.- Brahmpur, District- Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar, Advocate. For the Opposite Party/s : Mr. Rajballabh Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-07-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Nokha P.S. Case No. 225 of 2015 instituted for the offence under Section 395 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that petitioners are not named in the First Information Report. The informant has also not taken the name of the petitioners in the written report. The name of petitioners have been disclosed by coaccused Radha Choudhary in his confessional statement. It has further been submitted that co-accused Suresh Narayan Pandey has been granted anticipatory bail by this Court vide order dated

Patna High Court Cr.Misc. No.40759 of 2018 (2) dt.13-07-2018 2/2 06.04.2017 passed in Cr. Misc. 6172 of 2017.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Nokha P.S. Case No. 225 of 2015, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-5, Sasaram, Distt. Rohtas, subject to the conditions as laid down under Section 438

(2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper 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 petitioners.

(Sanjay Priya, J) S.Ali/- Rohit Kr.

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