Shashi Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25631 of 2017 Arising Out of PS.Case No. -244 Year- 2016 Thana -MINAPUR District- MUZAFFARPUR ======================================================

1. Shashi Kumar Choudhary Son of Shree Satrudhan Chaudhary, resident of Village- Sdatpur Kaluhapaigambarpur, P.S. Kanti, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-07-2017 The petitioner seeks regular bail in connection with Minapur P.S. Case No. 244 of 2016, registered for offences punishable under Section 25(1-b)A/26/35 of the Arms Act. Allegation is that police on information chased two motorcycles out of which one succeeded in fleeing away and another motorcycle was apprehended but the driver managed to escape and on search of the motorcycle one country made pistol was recovered and the paper of motorcycle in the name of petitioner was also recovered.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and nothing has been recovered from his conscious possession. Further he has been in judicial custody since 20.10.2016. So far criminal antecedents are

Patna High Court Cr.Misc. No.25631 of 2017 (3) dt.05-07-2017 2/3 concerned he has been remanded in all the cases on the same day, which itself shows the falsity of the case.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned ACJM-XV Muzaffapur, in connection with Minapur P.S. Case No. 244 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for

Patna High Court Cr.Misc. No.25631 of 2017 (3) dt.05-07-2017 3/3 cancellation of his bail bonds.

It is also made clear that if the petitioner again found involved in any of such offence, in future, his bail bonds will be cancelled.

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(Vinod Kumar Sinha, J) sunil/- U T