Balram Chaudhary And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55901 of 2015 Arising Out of PS.Case No. -20 Year- 2004 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Balram Chaudhary S/o Sri Maheshwar Chaudhary

2. Dayaram Chaudhary S/o Late Mahavir Chaudhary Both Resident of village- Moujamabad, P.S. Bhawanipur (Narayanpur), District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamlesh Kumar Sharma For the Opposite Party/s : Mr. Suresh Pd. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 09-12-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 328 and 302/34 of the Indian Penal Code. The prosecution case is that the dead body of the nephew of the informant namely, Bimal Kumar Chaudhary was recovered when suspicion was raised against the petitioners and others. The petitioners were named in the FIR but

Patna High Court Cr.Misc. No.55901 of 2015 (2) dt.09-12-2015 2/3 on conclusion of investigation the petitioners were not sent up for trial and subsequently final form was accepted. Now the petitioners have been summoned in exercise of jurisdiction under Section 319 of the Cr.P.C. on 09.06.2015 on the basis of evidence led in the trial of the co-accused.

It is submitted by learned counsel for the petitioners that the petitioners were not sent up for trial and the learned Sessions Judge has not deliberated the evidence which persuaded the learned trial court to summon the petitioners in exercise of jurisdiction under Section 319 of the Cr.P.C. The petitioners undertake to appear before the learned court below regularly.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V, Bhagalpur in connection with Sessions Trial No. 40 of 2011 arising out of Kotwali (Tilkamanjhi) P.S. Case No. 20 of 2004, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Patna High Court Cr.Misc. No.55901 of 2015 (2) dt.09-12-2015 3/3 The learned trial court will be at liberty to cancel the bail bonds of the petitioners, if they default for two consecutive occasions.

(Dinesh Kumar Singh, J) DKS/- U T