Patna High CourtCR. MISC./20366/2025bail granted

Bablu Chaudhary v. The State Of Bihar

2025-05-12Mr. Justice Sourendra Pandey4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20366 of 2025 Arising out of PS. Case No.-297 Year-2024 Thana- SIRDALA District- Nawada ====================================================== Bablu Chaudhary, S/o Late Bishundhari Chaudhary, R/o Village- Bhatbigha, P.S- Sirdalla, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishwa Ranjan Choudhary, Advocate For the State :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Sirdalla P.S. Case No. 297 of 2024, registered for the offences punishable under Sections 317(5), 318(4), 61(2) of the B.N.S., 2023. He has four criminal antecedents, i.e., (i) Sirdalla P.S. Case No. 612 of 2024 under Section 30/41 of Bihar Prohibition and Excise Amendment Act, 2016 (ii) Sirdalla P.S. Case No. 127 of 2023 under Section 30/41 of Bihar Prohibition and Excise Amendment Act, 2016 (iii) Sirdalla P.S. Case No. 72 of 2024 under Section 30/41 of Bihar Prohibition and Excise Amendment Act, 2016 and (iv) Sirdalla P.S. Case No. 302 of 2024 under Sections 317, 318 and 61 of BNS, 2023. He is on bail in all the cases.

3. The allegation upon the petitioner is to the effect that the apprehended persons disclosed that they were involved

2/4 in stealing of vehicles and on the lead of the other co-accused persons the tempo was recovered from the outside of the house of the petitioner.

4. Learned counsel for the petitioner submits that the name of the petitioner has transpired on some information received by the police whereafter the police had searched place of the petitioner and a tempo was recovered from outside the house of the petitioner, however, no incriminating article was recovered from the conscious possession of the petitioner. It has further been submitted that the other co-accused persons namely Suraj Kumar vide order dated 28.02.2025 passed in Cr. Misc. No. 85449 of 2024, Ashish Rajvanshi vide order dated 29.01.2025 and Sunil Kumar vide order dated 29.01.2025 passed in Cr. Misc. No. 79040 of 2024 have been granted bail by a Co-ordinate Bench of this Court. It is lastly submitted that the petitioner has four criminal cases, however, he is on bail in the said cases and he is in custody since 01.10.2024 in the present case.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and has stated that the petitioner is involved in the theft of the vehicles.

3/4

6. Considering the facts and circumstances of the case and taking into account the fact that similarly situated co-accused persons have been granted bail by a Co-ordinate Bench of this Court and the petitioner is in custody since 05.10.2024, 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 the court of learned Chief Judicial Magistrate, Nawada in connection with Sirdalla P.S. Case No. 297 of 2024, subject to the following conditions:- (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case the prosecution is found the petitioner's involvement in similar nature of allegation after his release and in case of absence on two 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.

4/4 (iv) And further condition that the court below shall verify the four abovementioned criminal antecedents of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent except these cases, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of the same or in the name of verification.

(Sourendra Pandey, J) Vikash/- U T