Dhananjay Chaudhari @ Chhotu Chaudhari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45715 of 2021 Arising Out of PS. Case No.-298 Year-2018 Thana- AMAS District- Gaya ====================================================== DHANANJAY CHAUDHARI @ CHHOTU CHAUDHARI Son of Balendra Choudhary Resident of Village - Lemboiya, P.S.- Roushanganj, Distt.- Gaya. ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Sinha For the Opposite Party/s :
Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-08-2021 The matter has been taken up for hearing on-line because of COVID-19 Pandemic restrictions.
Heard learned counsel for the parties.
This application for grant of regular bail arises out of Amas P.S. Case No. 298 of 2018, registered for the offence punishable under Sections 302, 201, 120(B)/34 of the Indian Penal Code.
The regular bail of the petitioner was earlier rejected by order dated 04.06.2020 passed in Cr. Misc. No. 75506 of 2019 with an observation that the petitioner shall be at liberty to approach this Court after one year, if, in the meanwhile, there was no progress at the trial.
Learned counsel appearing on behalf of the petitioner has made two fold submissions. He has firstly submitted that the name of the petitioner has surfaced during the course of
Patna High Court CR. MISC. No.45715 of 2021(2) dt.25-08-2021 2/2 investigation on the basis of confessional statement of a coaccused. Name of one Dhanuk Yadav @ Dhiru Yadav had also surfaced on the basis of confessional statement of the same coaccused, namely, Sujeet Kumar @ Golu. He submits that Dhanuk Yadav @ Dhiru Yadav has been allowed regular bail by this Court by an order dated 16.03.2020 passed in Cr. Misc. No. 73805 of 2019. Secondly, he submits that there has been no progress at all at the trial.
Considering the above mentioned submission and the fact that petitioner is in custody since 12.04.2019, this application 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 A.C.J.M., Sherghati, Gaya, in Amas P.S. Case No. 298 of 2019.
(Chakradhari Sharan Singh, J) Pawan/- U T