Kallu Choudhary @ Parmatma Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67135 of 2018 Arising Out of PS. Case No.-87 Year-2018 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Kallu Choudhary @ Parmatma Choudhary, S/o Paltan Choudhary, Resident of Village- Gopal Nagar Chakiya, P.S.- Buxar (Muffasil), District- Buxar. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Arun Kumar Gupta For the Opposite Party/s :

Mr.Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Sessions Trial No. 209 of 2018 arising out of Buxar (Muffasil) P.S. Case No. 87 of 2018 registered for the offence punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. The FIR was lodged on recovery of the dead body of the son of the informant. It was suspected that the petitioner and others have committed murder of the son of the informant for the reason that deceased was protesting against the act of the petitioner and others of teasing girls of the locality. It has been submitted on behalf of the petitioner that the case diary would reveal that no one has claimed before the police to have seen the son of the informant along with the petitioner at any point of time before his death. Petitioner has no

Patna High Court Cr.Misc. No.67135 of 2018(3) dt.10-01-2019 2/2 criminal antecedent and he is in custody since 07.04.2018. Similarly placed co-accused has already been granted bail as contained in Annexure-2.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned I/C Sessions Judge, Buxar, in connection with Sessions Trial No. 209 of 2018 arising out of Buxar (Muffasil) P.S. Case No. 87 of 2018 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U