IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4504 of 2011 AJAY CHOUDHARY Versus THE STATE OF BIHAR ----------- 2 25.02.2011 The Petitioner has been made accused in exercise of power under Section 319 of the Cr.P.C. in a case initially registered under section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. It is submitted by learned counsel for the petitioner that after investigation only seven persons were charge sheeted and at the fag end of the trial of the charge sheeted accused when the matter was fixed for argument, the petitioner has been made accused under the exercise of power under Section 319 of the Cr.P.C. It is surprising that the learned Additional Sessions Judge while considering the bail of an accused, made under Section 319 of the Cr.P.C. has not discussed any material which persuaded the trial Court to exercise the power under Section 319 of the Cr.P.C. Learned Additional Sessions Judge ought to have considered that evidences which persuaded the trial Court to make the petitioner accused. 2 The Apex Court has deprecated the exercise of power under Section 319 of the Cr.P.C. at a belated stage of trial. In the present case the same has been exercised at the time of argument but this also escaped the notices of learned Additional Sessions Judge, while considering the anticipatory bail application. Considering the aforesaid facts, let the petitioner, namely, Ajay Choudhary, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional and Sessions Judge, FTC 2, Sasaram, Distt- Rohtas in connection with S. Tr. No. 177(A) of 2009 (arising out of Dehri P.S. Case No. 348 of 2008). Bhardwaj/- ( Dinesh Kumar Singh, J.)