Golu Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69731 of 2018 Arising Out of PS. Case No.-1900 Year-2017 Thana- SASARAM NAGAR District- Rohtas ====================================================== Golu Choudhary, Son of Raj Kumar Choudhary, Resident of MuhallaKhirkighat, P.S.- Sasaram Town, District- Rohtas. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Abhinay Raj, Advocate For the Opposite Party/s :

Mr. Sri Shantanu Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-12-2018 Heard learned counsel for petitioner, learned counsel for the informant as well as learned counsel for the State. Petitioner, who is in custody, seeks bail in connection with S.Tr. No. 387 of 2018 arising out of Sasaram (Town) P.S. Case No. 1900 of 2017 registered for the offences punishable under Sections 302, 341, 323, 307, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.

Informant has alleged that on the date of occurrence in the morning he was going to see his field and was returning two F.I.R. named accused Nanhak Choudhary and Vikash Choudhary and one unknown assaulted his father by fire arm and bit-bricks as a result of which he fell down and subsequently died. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case during investigation. He is not named in FIR and he is in custody since 06.04.2018.

Patna High Court Cr.Misc. No.69731 of 2018(2) dt.06-12-2018 2/2 Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge, Rohtas at Sasaram, in connection with S. Tr. No. 387 of 2018 arising out of Sasaram (Town) P.S. Case No. 1900 of 2017, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers 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 petitioner. (S. Kumar, J) Rajiv/Manoj U T