Gopal Choudhary And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41607 of 2016 Arising Out of PS.Case No. -196 Year- 2016 Thana -UDWANTNAGAR District- BHOJPUR ======================================================
1. Gopal Choudhary Son of Digri Choudhary Resident of Village-Belaur, P.S.- Udawant Nagar, District-Bhojpur
2. Gautam Choudhary Son of Gopal Choudhary Resident of VillageBelaur, P.S.- Udawant Nagar, District-Bhojpur
3. Ravi Shankar Choudhary @ Ravi Choudhary @ Rabi Shankar Mauar, @Ravi Mauar Son of Wakil Mauar Resident of Village- Savana, P.S.- Imadpur, District-Bhojpur .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Amrendra Narayan Rai, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-10-2016 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioner nos. 1 and 2 are in custody since 24.05.2016 and the petitioner no. 3 is in custody since 20.05.2016 in connection with Udawant Nagar P.S. Case No. 196 of 2016 for the offences alleged under Sections 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act.
3. It is submitted that the petitioners have been falsely implicated owing to political rivalry between the parties. Specific accusation of having fired upon Hemant Choudhary is on coaccused Dipu Choudhary and Sonu Choudhary. The accusation against the petitioners of having fired is general and omnibus and no injury is attributed to any act of the petitioners. Co-accused Manju Devi has been granted bail by Ist Additional Sessions Judge, Ara in B.P. No. 477 of 2016.
4. Having regard to the entirety of the facts and circumstances of the case, let the petitioners above named be
Patna High Court Cr.Misc. No.41607 of 2016 (2) dt.17-10-2016 2/2 released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Udawant Nagar P.S. Case No. 196 of 2016 with the following conditions:
(i) That one of the bailors of each of the petitioners shall be their close relative other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) B.T/Chandran U T