IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.190 of 2011
CHANDO CHOUDHARY & ANR
Versus
THE STATE OF BIHAR
-----------
02/ 04.02.2011 Heard learned counsel for the petitioners as well as learned
P.P. for the State.
Petitioners seek their bail in connection with Pakribrawn
P.S. Case no.35/2008 registered under sections 341, 323, 324 307 and
504/34 of the IPC.
It would appear from perusal of the impugned order that
petitioners were granted police bail and subsequently, the police
submitted charge sheet under bailable section but the learned Chief
Judicial Magistrate took cognizance for the offence under section 307
of the IPC and rejected the bail petition of the petitioners.
It is very unfortunate not only on the part of learned CJM
but also on the part of the learned Addl. Sessions Judge I, Nawada that
both the aforesaid officers were not aware about dictum rendered by
this court in several decisions in the aforesaid matter.
In view of the aforesaid situation, petitioners, Chando
Choudhary and Naresh Choudhary are directed to be released on bail
in connection with Pakribrawn P.S. Case no. 35 of 2008 on furnishing
bail bond of Rs 10,000/- with two sureties of the like amount each to
the satisfaction of the Chief Judicial Magistrate, Nawada.
shahid (Hemant Kumar Srivastava,J)