Fantush Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50989 of 2016 Arising Out of PS.Case No. -12 Year- 2016 Thana -SURYAGARHA District- LAKHISARAI ======================================================
1. Fantush Chaudhary, Son of Janardan Chaudhary, resident of VillageSurjichak, P.S.- Surajgarha, District- Lakhisarai. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi For the Opposite Party/s : Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 394, 307 of the Indian Penal Code and Section 27 of the Arms Act.
Earlier this Court vide order dated 31.5.2016 passed in Cr. Misc. No. 23806 of 2016 rejected the prayer for bail of the petitioner with a liberty to renew his prayer for bail after completion of nine months in jail custody.
The petitioner is in jail since 22.1.2016 and he has already completed nine months in jail custody. Having considered the facts and circumstances of the case, let petitioner, Fantush Chaudhary, be released on bail on
Patna High Court Cr.Misc. No.50989 of 2016 (3) dt.14-12-2016 furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai in Surajgarha P.S. Case No.12 of 2016, subject to the conditions that (i) one of the bailors shall be a close relative of the petitioner i.e. father, mother, son or wife (ii) If the petitioner is found involved in future in similar type of case the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order including cancellation of bail (iii) Petitioner shall mark his presence before the nearest police station by 7th of every month till six months and (vi) petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates, the court below will be at liberty to cancel the bail bonds of the petitioner. (Shivaji Pandey, J) Vinay/- U T