Patna High CourtCR. MISC./9703/2018bail granted

Dinesh Choudhary @ Umesh Chaudhary v. The State Of Bihar

2018-02-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9703 of 2018 Arising Out of PS.Case No. -88 Year- 2014 Thana -DEO District- AURANGABAD ====================================================== Dinesh Choudhary @ Umesh Chaudhary, Son of Raja Ram Choudhary, Resident of Village-Lembua, P.S.Amas, District-Gaya. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Pandey, Adv. For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Section 395 of the Indian Penal Code.

A dacoity was committee by unknown in the house of the informant in presence of his wife and daughter. Hence, the FIR was lodged against unknown. Later on, the daughter of informant stated before the police that this petitioner was also there as one of the dacoits. Petitioner is in custody since 19.01.2016.

Earlier, prayer was refused on 16.03.2017 vide Annexure-1 with liberty to renew prayer after nine months, if all the prosecution witnesses are not produced in the meantime.

Patna High Court Cr.Misc. No.9703 of 2018 (2) dt.19-02-2018 Submission is that all the prosecution witnesses have not been produced up-till-now. Considering the nature of allegation and the period already undergone by the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (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 Deo Police Station Case No.88 of 2014 in Sessions Trial No.314 of 2016/415 of 2017, subject to the condition that the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T