Patna High CourtCR. MISC./30320/2018bail granted

Raghu Chaudhary And ANR v. The State Of Bihar

2018-08-18Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30320 of 2018 Arising Out of PS.Case No. -45 Year- 2009 Thana -ATRI District- GAYA ======================================================

1. Raghu Chaudhary, S/o Ramchandra Choudhary, R/o Vill.- Mohra, P.S.- Atri, District- Nawada.

2. Binod Chaudhary @ Binod Kumar Chaudhary S/o Bundi Choudhary, R/o Vill.- Aropur, P.S.- Wazirganj, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vishwa Ranjan Choudhary For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-08-2018 Heard learned counsel for the petitioners as well as the State.

The petitioners apprehend their arrest in Atri P.S. Case No. 45/2009, instituted for the offences punishable under Sections 147, 148, 149, 302 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners has submitted that petitioners are not named in the written report. Learned Sessions Judge has mentioned in the impugned order that name of these petitioners has come in supervision note of Dy. S.P., Neemchak Bathani, Gaya.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.30320 of 2018 (3) dt.18-08-2018 2/2 the prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Atri P.S. Case No. 45/2009, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper 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 petitioners. (Sanjay Priya, J.)