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Patna High CourtCR. MISC./447/2017bail granted

Sudhir Kumar Choudhary And ANR v. The State Of Bihar

2017-01-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.447 of 2017 Arising Out of PS.Case No. -87 Year- 2016 Thana -GAMAHARIYA District- MADHEPURA ======================================================

1. Sudhir Kumar Choudhary, Son of Janardan Choudhary, Resident of villagle- Babhani, Police Station- Gamhariya, District- Madhepura.

2. Md. Mokim, Son of Md. Naim Mian, Resident of Village- Gamhariya, Police Station- Gamhariya, District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Uday Chand Prasad, Adv. Mr. Manoj Kumar, Adv.

For the Opposite Party/s : Mr. Sri Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-01-2017 Request has been made by the learned counsel for the petitioners that he is going out of Patna, as such his case may be heard today.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 348, 353, 323, 386, 387, 307, 506 and 333 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that the petitioners along with thousand numbers of persons have been made accused in this case. As a matter of fact, the petitioners

Patna High Court Cr.Misc. No.447 of 2017 (2) dt.13-01-2017 2/2 along with others were on Dharna and as such they have been made accused. Further, it has been submitted that other co-accused persons have already been granted anticipatory bail vide order dated 21.12.2016 passed in Cr. Misc. No. 54282. Learned Additional Public Prosecutor could not controvert the aforesaid fact.

In view of the aforesaid facts, the petitioners, above named, in the event of their arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IV, Madhepura, in connection with Gamhariya P.S. Case No. 87/2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with further condition that they will co-operate in the investigation of the case and will make themselves available before the police as and when required by the police. (Vinod Kumar Sinha, J.) Rakhi U T