Manoj Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13784 of 2018 Arising Out of PS.Case No. -25 Year- 2011 Thana -GADHPURA District- BEGUSARAI ======================================================

1. Manoj Choudhary, Son of Shankar Choudhary, Resident of VillageKumharso, Police Station-Gardhpura, District-Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rai Mukesh Sharma For the Opposite Party/s : Mr. Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner, counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with S.T. No.35 of 2012 (arising out of Gadhpura P.S. Case No.25 of 2011) registered under Sections 302, 34 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is not named in the FIR. Petitioner was summoned in this case by the trial Court under section 319 of the Cr.P.C. in exercise of jurisdiction under Section 319. Learned counsel for the petitioner further submits that the petitioner has clean antecedent and he undertakes to cooperate with the conclusion of the trial.

Considering the facts aforesaid that the petitioner was

Patna High Court Cr.Misc. No.13784 of 2018 (2) dt.05-04-2018 2/2 summoned by the trial Court at the stage of trial and during the trial in exercise under Section 319 of the Cr.P.C., let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of receipt / production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District & Sessions Judge-I, Begusarai in connection with S.T. No.35 of 2012 (arising out of Gadhpura P.S. Case No.

25 of 2011, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure and on the undertaking that the petitioner will not in any manner tamper with the evidence or witnesses and will appear on each and every date as fixed by the trial Court in connection with the conclusion of the trial. In the event, the trial Court finds petitioner not extending cooperation in conclusion of the trial, the trial Court is at liberty to take all coercive steps including cancellation of bail.