Pappu Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32803 of 2019 Arising Out of PS. Case No.-31 Year-2015 Thana- KUTUMBA District- Aurangabad ====================================================== PAPPU CHOUDHARY Son of Banshi Chaudhary @ Vanshi Chaudhary Resident of Village - Mauna Tola kadhwa, P.s.- Nokha, Distt- Rohtas. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-08-2019 Heard learned Counsel for the petitioners and the learned APP for the State.

The petitioner seeks bail in a case registered under Sections 395 and 398 of the Indian Penal Code pending in the Court of CJM Aurangabad.

It is submitted by petitioner's Counsel that merely on the basis of confessional statement of co-accused Dinesh Choudhary, he has been implicated in this case. There is no recovery from the petitioner. It is submitted that Dinesh Choudhary has already been allowed bail in Cr. Misc. No. 36467 of 2016. Two other co-accused Ramadhar Choudhary and Upendra Choudhary have also been enlarged on bail in Cr. Misc. No. 5764 of 2016 and Cr. Misc. No. 50019 of 2018 respectively. The petitioner is in custody since 11.1.2019.

Patna High Court CR. MISC. No.32803 of 2019(3) dt.17-08-2019 2/2 Learned APP has opposed the prayer for bail on the basis of criminal antecedent of the petitioner. Counsel for the petitioner submits that with respect to other three co-accused persons also there was similar antecedent.

Considering these submissions the prayer for petitioner's bail is allowed. Let the petitioner above named be released on bail on his furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of CJM Aurangabad in Kutumba PS Case No. 31 of 2015 with the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled.

(Madhuresh Prasad, J) SNkumar/- U T