Rameshwar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7684 of 2016 Arising Out of PS.Case No. -402 Year- 2012 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Rameshwar Chaudhary, Son of Late Baban Chaudhary Resident of Village- Khajuria, P.S.- Ramnagar, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anand Kishore Choudhary For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.
The petitioner seeks bail in a case for the offences punishable under sections 147, 148, 149, 341, 342, 323, 324, 307 and 302 of the I.P.C Allegedly, for cutting the Shisam tree altercation started and Algu Choudhary was assaulted by Janak Choudhary, the petitioner and Karan Choudhary and others were also assaulted by other co-accused and further Algu Choudhary was closed in the house of the petitioner where he was brutally assaulted. However, with the help of the villagers Algu Choudhary was brought for treatment, but during treatment Algu Choudhary died.
Patna High Court Cr.Misc. No.7684 of 2016 (4) dt.03-05-2016 2/3 Submission is of false implication and that there is general and omnibus allegation, there is case and counter case bearing Ram Nagar P.S. Case No. 403 of 2012, the injuries found on the body of the deceased was caused by the hard and blunt substance and the petitioner is suffering in custody since 26.06.2015, whereas, other co-accused including Karan Choudhary have already been allowed bail.
The learned A.P.P. opposes prayer for bail by submitting that the petitioner has also assaulted the deceased and further in the house of the petitioner the deceased was assaulted brutally.
In the facts and circumstances as stated above, considering that charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence, other coaccused have already been allowed bail 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 2nd Additional Sessions Judge, Bagaha, West Champaran in S. Tr. No. 397 of 2015 arising out of Ram Nagar P.S. Case No. 402 of 2012, 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
Patna High Court Cr.Misc. No.7684 of 2016 (4) dt.03-05-2016 3/3 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