IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.116 of 2009 ASHOK CHOUDHARY Versus STATE OF BIHAR ----------- For the Petitioner:Mr.Ram Swarup Prasad,Advocate For the State :Mr.Nawal Kishore Prasad, APP. ----- 3. 17.04.2009 Heard the parties. The petitioner, who is an accused in a case instituted under sections 302 and 201/34 IP including section 27 of the Arms Act, has approached this Court for grant of anticipatory bail. As per the allegation in the FIR, the accused persons named therein including the present petitioner, had threatened the informant that her son namely Ravi Kumar will be killed no sooner he comes out from jail. This was owing to previous animosity between the informant and one of the co-accuseds namely Upendra Kumar Singh as also on account of the fact that her elder son wanted to get a job in place of the deceased husband of the informant. Counsel for the petitioner submits that the petitioner is neither connected with the aforesaid Upendra Kumar Singh nor he has any concern with the job, as admittedly he does not belong to the family. The elder son of the informant is an accused in this case. On these facts, it has been submitted that there is/was absolutely no motive on the part of the petitioner for commission of the crime. - 2 - Admittedly, there is no eye-witness to the occurrence. Learned counsel referring to the order taking cognizance dated 25.9.2008, submits that the police, upon conclusion of the investigation, did not find sufficient evidence against him, and as such, he was not even sent up for trial, although the other accused persons named in the FIR were sent up for trial. It appears that under order dated 10.2.2009, the petitioner was called upon to file an affidavit regarding his criminal antecedents, in pursuance thereof, an affidavit has been filed in which the following facts have been averred which are as under. “That before the present case, one more case was lodged against the petitioner in Silao P.S.Case No.48 dated 2/2/06 under Section 379 I.P.C. and 39/44 Electricity Act for theft of electric energy in which the petitioner was acquitted.” In the circumstance, I direct that the petitioner abovenamed, in the event of arrest/surrender, shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction CJM, Nalanda at Bihar Sharif in Deep Nagar P.S.Case No.180/06, subject to the conditions as laid down under section 438 (2) Cr. P.C. hr ( Kishore K. Mandal )