Manish Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9493 of 2023 Arising Out of PS. Case No.-181 Year-2022 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Manish Choudhary Son of Sakhichand Choudhary, R/v- Sakrullachak, P.S.- Mojahidpur (Babarganj), District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Najmul Hodda, Advocate Ms. Shweta, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-05-2023 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Mojahidpur (Babarganj) P.S. Case No. 181 of 2022 dated 30.05.2022 lodged under Section 394 of the I.P.C. As per the prosecution, the allegation of section 394 of I.P.C. is against three unknown accused persons. Learned counsel for the petitioner submits that petitioner has committed no offence. He further submits that petitioner is in custody since 01.06.2022 and there are three criminal cases pending against him.

Patna High Court CR. MISC. No.9493 of 2023(2) dt.03-05-2023 2/3 Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Bhagalpur in connection with Mojahidpur (Babarganj) P.S. Case No. 181 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present

Patna High Court CR. MISC. No.9493 of 2023(2) dt.03-05-2023 3/3 bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T