Patna High Court - Orders
Rajendra Choudhary vs The State Of Bihar on 19 August, 2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31445 of 2015
Arising Out of PS.Case No. -51 Year- 2015 Thana -AKBARPUR District-
NAWADA
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Rajendra Choudhary S/o Late Govind Choudhary Resident of Village
Dewara, P.S. Akbarpur, District Nawada.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party
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Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Adv.
For the Opposite Party/s : Mr. Ram Chandra Singh, APP
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CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL
ORAL ORDER
2 19-08-2015Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 504, 307, 302 of IPC.
Allegation is that the petitioner and 10 other accused armed with various weapons came in the lane and Shyam Sundar Choudhary caught hold of the father (deceased) of the informant and Sanjay Choudhary assaulted him with 'Khanti' on his head. He fell down and thereafter, other accused also assaulted him.
It is submitted that specific allegation of overtact is against Shyam Sundar Choudhary and Sanjay Choudhary. There is no specific allegation against the petitioner. The petitioner has no criminal antecedent. However, after investigation charge-sheet has already been submitted and there is no chance of tampering with Patna High Court Cr.Misc. No.31445 of 2015 (2) dt.19-08-2015 2/2 the witnesses.
It is further submitted that in similar facts and circumstances, co-accused Pramod Chaudhary @ Guddu Choudhary has been granted bail by this Court vide Cr. Misc. No. 26091 of 2015.
Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in Akbarpur P. S. Case No. 51 of 2015 with following conditions:-
1. The petitioner will not indulge himself in similar or any other offence.
2. One of the bailors must be the close relative of the petitioner.
3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.
(Amaresh Kumar Lal, J) Kanchan/-
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