Rahul Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10681 of 2020 Arising Out of PS. Case No.-302 Year-2019 Thana- TRIVENIGANJ District- Supaul ====================================================== RAHUL CHOUDHARY S/o Radheshyam Choudhary Resident of VillageBabhangama, P.S.- Triveniganj, Distt- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-06-2020 This matter has been taken up through Video Conferencing.

Heard the parties.

The petitioner is languishing in custody for the offences punishable under Sections 341/323/326/ 307 /379 / 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

According to FIR, Mr. Sonu Chaudhary caused firearm injury at the chest of the informant. Two unknown persons were also accompanying Sonu Chaudhary along with fire-arm but no overt-act is alleged against them. During investigation it revealed that petitioner was one of the unknown persons. The petitioner has stated on oath that he has got no criminal antecedent. He is in custody since 11.11.2019. Investigation of

Patna High Court CR. MISC. No.10681 of 2020(3) dt.02-06-2020 2/2 the case is already complete.

Considering the entire facts aforesaid especially the fact that no overt-act is alleged against the petitioner, let the petitioner, above named, be released on bail, on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Tribeniganj P.S. Case No. 302 of 2019 with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

If the petitioner would not be able in furnishing sureties due to lock-down, he shall be provisionally released on his personal bond and the provisional bail shall be confirmed only after production of the bailors within fifteen days of restoration of normal function of the Court.

(Birendra Kumar, J) Mkr./- U T