Binay Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80458 of 2019 Arising Out of PS. Case No.-400 Year-2019 Thana- BAHERA District- Darbhanga ====================================================== BINAY KUMAR CHAUDHARY Son of Late Ram Bujhawan Chaudhary Resident of Village - Haripur, P.S.- Bahera, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhusudan Kumar For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-12-2019 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner seeks bail in a case registered under sections 323, 341, 379, 307, 354B, 504 and 506/34 of the IPC. It is submitted by counsel for the petitioner that no case under sections 307, 379 and 354B IPC is made out against the petitioner and rest of the offences are bailable in nature. There is land dispute between the parties and petitioner has also filed Bahera P.S. Case no. 401/2019 against the informant of this case and others. He further submits that the petitioner is cousin brother of the informant. He further submits that informant of this case has filed this case to grab the land of accused persons. He further submits that petitioner is in custody since 04.09.2019. Hence prayer for grant of bail to the petitioner.

Patna High Court CR. MISC. No.80458 of 2019(2) dt.06-12-2019 2/2 Counsel for the petitioner also submits that similar allegation of causing injury to wife of the informant is not corroborated by the injury report (Annexure P-3). Learned A.P.P. opposes the prayer for bail.

Considering the aforesaid submissions, prayer for bail is allowed.

Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Benipur in Bahera P.S. Case no. 400/2019 subject to the following conditions.

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

s.hassan/- (Madhuresh Prasad, J) U T