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Patna High CourtCR. MISC./12774/2022bail granted

Ujjawal Kumar Choudhary @ Ujjawal Choudhary @ Sanni Choudhary @ Sanni v. The State Of Bihar

2022-07-05Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12774 of 2022 Arising Out of PS. Case No.-754 Year-2021 Thana- KHAJANCHI HAT District- Purnia ====================================================== Ujjawal Kumar Choudhary @ Ujjawal Choudhary @ Sanni Choudhary @ Sanni S/O Shashi Bhushan Choudhary R/o village- Asarganj, P.S.- Bath, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 05-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with K. Hat. P.S. Case No. 754 of 2021 registered for the alleged offences under Sections 25 (1-b)a and 26/35 of the Arms Act.

Allegedly, the petitioner was apprehended with a loaded country made pistol along with two live cartridges. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this

Patna High Court CR. MISC. No.12774 of 2022(2) dt.05-07-2022 2/3 case. Nothing has been recovered from conscious possession of the petitioner. Learned counsel further submits that the petitioner is also accused in four other cases and out of four, he is on bail in three cases. Charge sheet has been submitted in this case and the petitioner is in custody since 20.08.2021. Learned APP for the State opposed the prayer for bail and submitting that petitioner has got a number of criminal cases pending against him.

Having regard to the submissions made hereinabove and considering the fact that charge sheet has been submitted and further considering the period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with K. Hat P.S. Case No. 754 of 2021, subject to the following conditions : (i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.

(ii) One of the bailors will be a close relative of the petitioner.

(iii) The petitioner will remain present on each

Patna High Court CR. MISC. No.12774 of 2022(2) dt.05-07-2022 3/3 and every date fixed by the court below.

(iv) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Gautam/- U T