Vikash Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59385 of 2019 Arising Out of PS. Case No.-1900 Year-2017 Thana- SASARAM NAGAR District- Rohtas ====================================================== VIKASH CHOUDHARY Son of Raj Kumar Chaudhary Resident of MohallaKhidkighat, P.S. - Sasaram Town, District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhinay Raj, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code, Section 27 of the Arms Act and later on Section 302 of the Indian Penal Code was added. The petitioner allegedly caused injury with bricks at the head of the father of the informant as a result whereof father of the informant died.

Earlier prayer for bail was refused on 05.12.2018 in Cr. Misc. No. 58006 of 2018 with direction to the trial Judge to conclude the trial preferably within a period of nine months and on non-conclusion of trial, petitioner was allowed liberty to renew the prayer.

Submission is that trial has not concluded. Petitioner

Patna High Court CR. MISC. No.59385 of 2019(2) dt.27-09-2019 2/2 is in custody since 24.02.2018.

Learned counsel for the informant opposed the prayer on the ground that trial could not proceed as one of the accused, who was on bail, was absconding. However, now the trial has started and one prosecution witness has already been examined. Considering the nature of allegation against the petitioner and period already undergone, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sessions Trial No. 387 of 2018 arising out of Sasaram (Town) Police Station Case No. 1900 of 2017, subject to the following conditions:- (a) The petitioner shall fully cooperate with the trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T