Birendra Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67799 of 2019 Arising Out of PS. Case No.-165 Year-2018 Thana- AMDABAD District- Katihar ====================================================== Birendra Chaudhary, Son of Rajniti Singh @ Rajniti Choudhary, Resident of Village - Kasba Tola, Ward No. 11, Gadia Diyara, P.S.- Amdabad, Distt - Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Jha, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-03-2020 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 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that informant is not the eyewitness of the actual occurrence of murder of his son, rather he gathered information from Uttam Chaudhary. Uttam Chaudhary stated before the police that Bablu Chaudhary and Ramu Chaudhary were seen along with the deceased on a boat and Uttam Kumar was also there in the same boat when the two named accused persons committed murder of Rajan Chaudhary, the son of the informant.

Considering the aforesaid material, let the petitioner,

Patna High Court CR. MISC. No.67799 of 2019(4) dt.04-03-2020 2/2 above named, who is in custody since 27.08.2019, 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 Amdabad Police Station Case No. 165 of 2018, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/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.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T