Sanjay Chaudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.51345 of 2016 (3) dt.03-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51345 of 2016 Arising Out of PS.Case No. -108 Year- 2015 Thana -BACHWARA District- BEGUSARAI ======================================================

1. Sanjay Chaudhary Son of Rameshwar Chaudhary resident of village - Bachhwara, Police Station Bachhwara, District - Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarendra Kumar For the Opposite Party/s : Mr. Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-02-2017 Heard the parties.

This application has been filed in connection with Bachhwara P.S.Case No.108 of 2015 for the offence under Sections 147, 148, 149, 109, 341, 323, 324, 302 and 307 of the Indian Penal Code and Section 27 of the Arms Act. It is submitted on behalf of the petitioner that though there is allegation that the petitioner fired at the deceased but the post mortem report does not show any fire arm injury on the person of the deceased. There is land dispute between the parties from before. Further the petitioner has remained in custody for about nine months .

Patna High Court Cr.Misc. No.51345 of 2016 (3) dt.03-02-2017 Heard learned A.P.P. also, who could not controvert the above facts.

Having heard both sides. Considering the above facts that there is no fire arm injury on the person of the deceased and the petitioner has remained in custody for about nine months, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate Ist Class, Begusarai in connection with Bachhwara P.S.Case No.108 of 2015.

With following conditions :

(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 will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) chn/- U