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Patna High Court - Orders

Sudhir Chaudhary & Ors. vs The State Of Bihar on 25 April, 2014

Author: Gopal Prasad

Bench: Gopal Prasad

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Criminal Miscellaneous No. 51307 of 2013
                 ==============================================
                 1. Sudhir Chaudhary, Son of Laxhman Chaudhary
                 2. Arjun Chaudhary, Son of Bhatan Chaudhary
                 3. Manoj Chaudhary, Son of Ramjee Chaudhary
                        All resident of Village - Tarwan, P.S. Wazirganj, District -
                    Gaya
                                                               .... .... Petitioner/s
                                               Versus
                 1. The State of Bihar
                                                          .... .... Opposite Party/s
                 ==============================================
                 CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD
                 ORAL ORDER

2   25-04-2014

Heard learned counsel for the petitioners and learned counsel for the State.

This is a petition for grant of anticipatory bail in a case under Sections 272 and 273 of the Indian Penal Code as well as Section 47(A) of the Excise Act.

Learned counsel for the petitioners submits that the petitioners have not been apprehended at the spot and the only material against the petitioners is the confessional statement of the co-accused, namely, Ram Balak Paswan. He further submits that the petitioners have no criminal antecedent.

Hence, having regard to the facts and circumstances of the case, the petitioners above named are directed to be released on anticipatory bail in the event of Patna High Court Cr.Misc. No.51307 of 2013 (2) dt.25-04-2014 2 their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Wazirganj P.S. Case No. 431 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr. P. C. as well as further condition that one of the bailors shall be the close relative of the petitioners who will file affidavit to the effect that the petitioners have no criminal antecedent which fact should be verified by the learned court below and thereafter the petitioners be released on bail. Further the petitioners shall not involve in such type of activity in future and if any report is received regarding their involvement then the bail bonds of the petitioners shall be cancelled by the court below itself.

(Gopal Prasad, J) Kundan/-