Rajendra Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44462 of 2018 Arising Out of PS.Case No. -228 Year- 2017 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ======================================================

1. Rajendra Choudhary, Son of Kuldip Choudhary, Resident of Village Thakur Bigha Police Station Giriyak, District Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-07-2018 The petitioner is apprehending his arrest in connection with Giriyak P.S. Case No. 228/2017, registered for offences punishable under Sections 341, 323, 504, 302 and 34 of the Indian Penal Code.

Allegation as per F.I.R. is that due to tagging cow, some scuffle took place between the parties in which co-accused Dilip Choudhary and Navlesh Choudhary assaulted the son of the informant by rod, causing his death and the petitioner is also named in the F.I.R. and there is general allegation against the petitioner.

Submission of learned counsel for the petitioner is that only one injury was found on the head of the person of the deceased was found, which is inflicted by co-accused Dilip

Patna High Court Cr.Misc. No.44462 of 2018 (2) dt.30-07-2018 2/3 Choudhary and no specific allegation has been attributed against the petitioner.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, let the petitioner above named, in the event of his 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) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XI, Nalanda at Biharsharif in connection with Giriyak P.S. Case No. 228/2017, 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 petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

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

Patna High Court Cr.Misc. No.44462 of 2018 (2) dt.30-07-2018 3/3 showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T