Shubham Choudhary @ Shubham Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5148 of 2022 Arising Out of PS. Case No.-174 Year-2021 Thana- UJIYARPUR District- Samastipur ====================================================== Shubham Choudhary @ Shubham Kumar Choudhary Son of Late Braj Bhushan Choudhary Resident of Village- Chandchaur Dih, P.S.- Ujiyarpur, District- Samastipur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gaurav Kumar, Advocate For the Opposite Party/s :

Mr. Atul Chandra, App ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Ujiyarpur P.S. Case No. 174 of 2021 instituted for the offences under Sections 399, 401, 402 of the Indian Penal Code and under Sections 25(1-b)a, 26 and 35 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is in custody since 13.08.2021, charge-sheet has been submitted in the case and has antecedent of 16 cases. Learned counsel for the petitioner submits that on secret information police personnel reached the Pachgachhiya Gachhi and reached the said place upon which all the miscreants started fleeing away in which two miscreants were apprehended on the spot and upon interrogation they disclosed the names of petitioner and three other co-acccused persons. It is further alleged that during the course of search, police recovered one loaded country made pistol (Katta) and mobile from the

Patna High Court CR. MISC. No.5148 of 2022(2) dt.07-06-2022 2/3 possession of Rahul Kumar and one country made pistol (Katta), two live cartridges and mobile were recovered from the possession of Deepak Jha.

Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case on the basis of confessional statement of another coaccused namely, Rahul Kumar and Deepak Jha. Petitioner has been made accused on the basis of past history. Nothing has been recovered from the possession of the petitioner. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 13.08.2021, charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Samastipur camp at Dalsingsarai in connection with Ujiyarpur P.S. Case No. 174 of 2021, subject to the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason,

Patna High Court CR. MISC. No.5148 of 2022(2) dt.07-06-2022 3/3 his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Khatim Reza, J) Gaurav Kumar/- U T