Guddu Choudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.3468 of 2017 (2) dt.23-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3468 of 2017 Arising Out of PS.Case No. -191 Year- 2016 Thana -BANMANKHI District- PURNIA ====================================================== Guddu Choudhary, Son of Ram Chandra Choudhary, resident of VillageBanmankhi, Ward No. 14, P.S.- Banmankhi, District- Purnea. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bidhan Chandra Jha For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Banmankhi P.S. Case No. 191 of 2016 registered for the offences punishable under Sections 341, 323, 326 (a), 307, 504 and 506/34 of the Indian Penal Code.

Allegedly, the petitioner and other co-accused surrounded the husband of the informant, Bablu Chaudhary, started abusing and when the husband of the informant protested then, Bablu Chaudhary poured some chemical liquid on the body of the husband of the informant causing burn injury. Earlier Sachindra Sharma was fixing net on the window of the informant 10 days ago and for that the occurrence has been caused.

Submission is of false implication and that there is no specific allegation against the petitioner, specific allegation is against

Patna High Court Cr.Misc. No.3468 of 2017 (2) dt.23-02-2017 Bablu Chaudhary and as such the petitioner who is suffering in custody since 27.11.2016 deserves sympathetic consideration as he has sufficiently been penalized by remaining in custody. Learned APP duly assisted by learned counsel for the informant opposes the prayer of bail by submitting that the petitioner has got criminal antecedent and he is a veteran criminal. In the facts and circumstances stated above, considering that main allegation is against co-accused Bablu Chaudhary, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Judge-cum-A.C.J.M. VI, Purnea in connection with Banmankhi P.S. Case No.

191 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T