Pawan Chaudhary @ Pawan Chaudhriy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31757 of 2019 Arising Out of PS. Case No.-314 Year-2017 Thana- UDWANTNAGAR District- Bhojpur ====================================================== PAWAN CHAUDHARY @ PAWAN CHAUDHRIY, Age 41 years, Male, Son of Mahendra Chaudhary, Resident of Village- Belaur, P.S- Udwantnagar, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 15-05-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is submitted that it remain unexplained as to how assailants were knowing that deceased will be coming on motorcycle at the place of occurrence. Presence of informant in Samudayak Bhawan at the time of occurrence to witness said occurrence is also doubtful.

Earlier, the bail application of the petitioner was rejected vide Annexure-1, giving a liberty to renew his prayer after one year in jail custody.

It has been submitted that the petitioner is in custody

Patna High Court CR. MISC. No.31757 of 2019(2) dt.15-05-2019 2/2 since 02.05.2018.

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 court below where the case is pending in connection with Udwantnagar P.S. Case No.314 of 2017, 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) Sanjay/- U T