Sunil Chauhan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44335 of 2018 Arising Out of PS.Case No. -11 Year- 2018 Thana -WAINA District- NALANDA (BIHARSHARIFF) ======================================================
1. Sunil Chauhan, S/o Sri Mahendra Chauhan,
2. Laddu Chauhan @ Ram Laddu Chauhan S/o Munna Chauhan @ Munna Prasad,
3. Manjhala Chauhan @ Jitendra Chauhan S/o Late Sumangal Chauhan, All R/o Vill.- Beldariya Par (Arawan), P.S.- Ben, District- Nalanda. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-09-2018 The petitioners are apprehending their arrest in connection with Ben P.S. Case No. 11 of 2018, registered for offences punishable under Sections 302 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation as per F.I.R. is of causing death of the father of informant.
It has been submitted on behalf of the petitioners that initially they were not named in the F.I.R. and on the basis of restatement of the informant, their names have surfaced in this case and they have been made accused in this case only on the basis of suspicion as they have earlier threatened the father of
Patna High Court Cr.Misc. No.44335 of 2018 (4) dt.13-09-2018 2/3 informant and except that there is nothing against them. Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -VI, Nalanda at Biharsharif, in connection with Ben P.S. Case No. 11 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates
Patna High Court Cr.Misc. No.44335 of 2018 (4) dt.13-09-2018 3/3 without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T