Devi Dayal Choudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34710 of 2015 Arising Out of PS.Case No. -12 Year- 2010 Thana -PARASI District- JEHANABAD ======================================================

1. Devi Dayal Choudhary son of Chunna Lal Choudhary

2. Munna Lal Choudhary son of Nathuni Choudhary Both are residents of village Amara, Police Station Parasi, District Arwal. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. M.K.Nirala(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-08-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. It is very unfortunate to see that the learned Additional Sessions Judge 1st, Jehanabad rejected the prayer for bail of these petitioners only on the ground that the petitioners did not surrender in time after cancellation of their bail bonds. Moreover, it is obvious that petitioners failed to appear before the Additional Sessions Judge 1st, Jehanabad on 05.05.2015 but without giving any opportunity to the petitioners to explain the circumstances in which they failed to appear before the trial court, the concerned court cancelled their bail bonds.

Considering the aforesaid facts and circumstances as

Patna High Court Cr.Misc. No.34710 of 2015 (2) dt.28-08-2015 2/2 well as submissions of the parties, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Jehanabad in connection with session trial no. 338 of 2013/294 of 2013 arising out of Parasi P.S.Cas No. 12 of 2010.

(Hemant Kumar Srivastava, J) Namita/- U T