Kishore Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59445 of 2018 Arising Out of PS.Case No. -49 Year- 2018 Thana -NAUTAN District- SIWAN ======================================================

1. Kishore Chaudhary, Son of Chandeshwar Chaudhary @ Chandeshwar Yadav, Resident of Village- Sirisiya, P.S- Nautan, District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Nand Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner has been in custody since 07.08.2018 in connection with Nautan P.S. Case No. 49/2018 registered for the offences punishable under Sections 341 / 323 / 324 / 147/148/149/307/109/325/504/ 506/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that though in the First Information Report, it has been stated that the Kishore Choudhary and Raju Chaudhary assaulted by Lathi and Danda resulting in the injuries on the informant. It is further submitted that now the chargesheet has been submitted that the petitioner has got no criminal antecedent and he may be extended the privilege

Patna High Court Cr.Misc. No.59445 of 2018 (2) dt.28-09-2018 2/3 of bail. It is further submitted that injuries were not such which would endanger the life of the informant. In view of the aforementioned facts and circumstances and also that the petitioner has no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, XII, Siwan, in connection with Nautan P.S. Case No. 49/2018, subject to the following conditions:-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or their wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make

Patna High Court Cr.Misc. No.59445 of 2018 (2) dt.28-09-2018 3/3 himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) Saif/- U T