Madhav Chaudhary @ Amit Chaudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.6169 of 2015 (2) dt.16-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6169 of 2015 Arising Out of PS.Case No. -28 Year- 2000 Thana -PUPRI District- SITAMARHI ======================================================

1. Madhav Chaudhary @ Amit Chaudhary S/o late Rajeshwar Chaudhary resident of village - Barri, P.S. - Pupri, District Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. J.N.Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-02-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 16.07.2014 in a case registered under Section 307/34 of the Indian Penal Code and 27 of the Arms Act.

Petitioner voluntarily surrendered before the Court on 12.06.2014 in connection with Dumra P.S. Case No. 182/2005 and thereafter remanded in this case.

Admittedly, petitioner is not named and his name surfaced in this case during the course of investigation. Furthermore, it appears that the investigation was completed declaring the petitioner as absconder.

The contention on behalf of the petitioner is that an F.I.R. named accused Sanjay Mishra faced trial and he was

Patna High Court Cr.Misc. No.6169 of 2015 (2) dt.16-02-2015 acquitted of the charges and moreover, petitioner is suffering from serious ailment and he has been referred to A.I.I.M.S., New Delhi for better treatment.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail of furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Ad hoc A.D.J.-I, Sitamarhi in connection with S.Tr. No. 380/14 arising out of Pupri P.S. Case No. 28/2000, subject to condition that one of the sureties must be close relative of the petitioner and holder of the landed property. Kamlesh (Hemant Kumar Srivastava, J) U T