IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (DB) No.536 of 2009
AMAR CHOUDHARY & ORS .
Versus
STATE OF BIHAR .
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04/ 11-Feb-2011 Heard learned counsel for the appellants and
learned counsel for the State in respect of I.A. No.213 of
2011 through which the appellants have renewed their
prayer for bail on the ground that the offence under
Section 302/34 has been alleged against a large number
of persons and in absence of any eye-witness of the
killing of the deceased, the only evidence is of being last
seen with the deceased. It was further submitted that
there is no satisfactory explanation why the FIR was
lodged after two days and in such circumstances
withholding of the postmortem report also creates some
doubts.
Considering all the facts and circumstances,
prayer for bail is allowed. During the pendency of this
appeal, let appellants, namely (1)AMAR CHOUDHARY
(2)RAMESHWAR CHOUDHARY AND (3)
SHAMBHU YADAV be released on bail on furnishing
bail bond of Rs.10,000/- each with two sureties of the
2
like amount each to the satisfaction of Additional
Sessions Judge, IInd, West Champaran, Bettiah in
Sessions Trial No. 67 of 1997.
The realization of fine from the appellants shall
remain stayed.
(Shiva Kirti Singh, J.)
(Gopal Prasad, J.)
perwez