Dipu Kumar Chaudhary @ Dipu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12461 of 2020 Arising Out of PS. Case No.-373 Year-2019 Thana- UDWANTNAGAR District- Bhojpur ====================================================== DIPU KUMAR CHAUDHARY @ DIPU CHAUDHARY Son of Upendra Chaudhary Resident of Village-Belaur, P.S.-Udwantnagar, District-Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bikramdeo Singh, Advocate Mr. Sada Nand Roy, Advocate For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-08-2020 Heard Sri Bikramdeo Singh assisted by Sri Sada Nand Roy, learned counsel appearing for the petitioner and Sri Brajendra Nath Pandey, learned APP appearing for the State through video conferencing.

The petitioner seeks bail in connection with Udwant Nagar P.S. Case No. 373 of 2019, registered under Section 25(1-b)A, 26 and 35 of the Arms Act.

The accusation is that in course of checking of the vehicle, one white colour Scorpio vehicle bearing registration No. BR-03PA-6564 was stopped in which four persons were found sitting. The person, who was on driving seat disclosed his name Dipu Kumar Choudhary (petitioner) and the person adjacent to him disclosed his name Sonu

Patna High Court CR. MISC. No.12461 of 2020(4) dt.31-08-2020 2/3 Choudhary, two persons, who were sitting on rear seat of the said vehicle disclosed their names as Sumit Choudhary and Bhushan Choudhary. On search, in between the petitioner, one loaded country made pistol along with three live cartridges found and on search of petitioner one live cartridge was found in his possession and one live cartridge was found in possession of Sonu Choudhary.

Learned counsel appearing for the petitioner submits that while petitioner is accused in six cases, as detailed in paragraph No. 2 of the supplementary affidavit, but out the said six cases, he is on bail in five cases, whereas in six cases i.e. Udwant Nagar P.S. Case No. 418 of 2019, he has been allowed bail by learned A.C.J.M.-III, Bhojpur at Ara in the month of March, 2020. Further submission is that it has also come in paragraph 53 of the case diary that seized Scorpio vehicle is belonged to the petitioner not the theft material. The petitioner is in custody since 20.09.2019. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at

Patna High Court CR. MISC. No.12461 of 2020(4) dt.31-08-2020 3/3 Ara in connection with Udwant Nagar P.S. Case No. 373 of 2019.

(Rajendra Kumar Mishra, J) manish/- U T