Patna High CourtCR. MISC./11056/2018bail granted

Mohit Choudhary v. The State Of Bihar

2018-04-12Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11056 of 2018 Arising Out of PS.Case No. -529 Year- 2017 Thana -PURNEA SADAR District- PURNIA ======================================================

1. Mohit Choudhary S/o Damodar Choudhary, R/o Village- Khushkibag, P.S.- Sadar, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Bidhu Ranjan, Adv For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 302 of the Indian Penal Code and 27 of Arms Act. According to FIR, the main assailant is coaccused Birendra Kumar Choudhary. Similarly, situated co-accused Jitendra Chaudhary @ Jitendra Kumar Chaudhary and Kailash Chaudhary have been allowed anticipatory bail by a Coordinate Bench of this Court in Cr.Misc.No. 60468 of 2017.

Learned counsel for the informant opposed the prayer for bail on the ground that the petitioner is

Patna High Court Cr.Misc. No.11056 of 2018 (3) dt.12-04-2018 accused in Purnea Sadar P.S.Case No.472 of 2017 and this fact has been suppressed in paragraph-3 of the bail petition while disclosing two other criminal antecedents. Petitioner is in custody since 11.10.2017.

Considering the entire facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sadar Police Station Case No.529 of 2017, subject to the condition that if the party brings to the notice to the learned court below that the petitioner had knowledge of the aforesaid Purnea Sadar P.S.Case No.472 of 2017 either by appearing in that case or arrest in that case then it would be a ground for cancellation of bail granted by this order and further 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.

With the aforesaid observation, this application stands allowed.

(Birendra Kumar, J) Nitesh/- U T