Krishna Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8854 of 2015 Arising Out of PS.Case No. -528 Year- 2013 Thana -JAHANABAD District- JEHANABAD ====================================================== Krishna Chaudhary son of Late Laldas Chaudhary resident of village - Bhavergarh, O.P. - Karauna, P.S. and District - Jehanabad. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Surendra Kumar Mishra For the Opposite Party/s : Mr. Md.Arif (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-04-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 147, 149, 447, 448, 341, 323, 504 and 302/34 of the I.P.C Allegedly, the petitioner along with other co-accused named in the FIR killed Ramanuj @ Annu Choudhary, the husband of the informant due to previous enmity by assaulting him with lathi and khanti and when the informant and her daughter tried to rescue him then they were also assaulted by the accused persons.

Submission is of false implication and that there is no specific allegation against the petitioner. The allegation is vague

Patna High Court Cr.Misc. No.8854 of 2015 (2) dt.10-04-2015 2/2 and general and the petitioner is suffering in custody since 07.10.2014. Charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence. The name of the petitioner has come subsequently without any specific allegation and as such he deserves sympathetic consideration, to which the learned A.P.P. opposes.

In the facts and circumstances as stated above, considering that name of the petitioner has come later on in the FIR and further against him there is no specific allegation and as such the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Jehanabad in Jehanabad (Karauna O.P) P.S. Case No. 528 of 2013, 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) Abhay/- U T