Rajendra Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18776 of 2017 Arising Out of PS.Case No. -123 Year- 2016 Thana -DUMRAUN District- BUXAR ======================================================

1. Rajendra Choudhary, Son of Late Ram Nath Choudhary, resident of Village- Nonia Dera, P.S.- Dumraon, District- Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Chandra Mohan Singh For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-05-2017 The petitioner is apprehending his arrest in connection with Dumraon P.S. Case No. 123 of 2016, registered for offences punishable under Sections 147, 149, 323, 341, 307, 427, 380, 448 and 504 Indian Penal Code.

Allegation against the petitioner that he provoked other co-accused persons to assault on informant and others. It has been submitted on behalf of the petitioner that no specific allegation either of any overt act or of assault has been levelled against the petitioner, he is only said to be an order giver of this case and there is case and counter case between the parties and enmity is from before. Petitioner has no criminal antecedent as has been stated in paragraph-3 of the bail application. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.18776 of 2017 (2) dt.08-05-2017 2/3 Having heard both sides, considering the facts and circumstances of the case, nature of offence and also that no allegation of assault has been levelled against the petitioner and only general and omnibus allegation has been levelled and petitioner has no criminal antecedent, as such, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Buxar, in connection with Dumraon P.S. Case No. 123 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(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 shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part two appear before the police on two consecutive dates without

Patna High Court Cr.Misc. No.18776 of 2017 (2) dt.08-05-2017 3/3 showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T