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Patna High CourtCR. MISC./28001/2018bail granted

Mallu Choudhary @ Mallu Chaudhari And ORS v. The State Of Bihar

2018-05-15Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28001 of 2018 Arising Out of PS.Case No. -139 Year- 2017 Thana -SAHAR District- BHOJPUR ======================================================

1. Mallu Choudhary @ Mallu Chaudhari, S/o Late Nand Dayal Choudhary,

2. Kallu @ Kariman Choudhary S/o Late Nand Dayal Choudhary,

3. Biter Choudhary @ Bimal Choudhary S/o Late Nand Dayal Choudhary, All are residents of Vill.- Sahar, P.S.- Sahar, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-05-2018 The petitioners are apprehending their arrest in connection with Sahar P.S. Case No. 139 of 2017 registered for offences punishable under Sections 341, 323, 324, 308, 504, 379/34 of the Indian Penal Code.

Allegation against petitioner no. 1 is of giving repeated blow to the informant causing injury and against petitioner no. 2 and 3 there is general allegation of assault. It has been submitted on behalf of the petitioner that inspite of direction to Public Prosecutor, the injury report has not been produced and now both parties have compromised, vide Annexure-2.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.28001 of 2018 (2) dt.15-05-2018 2/3 Having heard both sides, considering the facts and circumstances of the case, nature of offence and also that petitioners have no criminal antecedent and only general and omnibus allegation has been levelled against them, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-Xth, Bhojpur, Ara in connection with Sahar P.S. Case No. 139 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners shall cooperate in the investigation and make them available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without

Patna High Court Cr.Misc. No.28001 of 2018 (2) dt.15-05-2018 3/3 showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sushma/- U T