Rahul Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34325 of 2018 Arising Out of PS. Case No.-14 Year-2016 Thana- LUTUA District- Gaya ====================================================== Rahul Choudhary, Son of Fekku Choudhary, Resident of Village- Chalniya, P.S.- Bishungarh (Bishunganj), District- Hazaribagh (Jharkhand). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Javed Jafar Khan For the Opposite Party/s :

Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-07-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Lutua P.S. Case No. 14 of 2016, registered for the offences punishable under Sections 457, 380 and 411of the Indian Penal Code. The allegation in the present case is that a dacoity was committed in the house of the informant, whereafter, the informant and others had raised alarm and subsequently, the villagers had caught one of the co-accused person namely, Devek Chaudhary, who is said to have disclosed the name of the petitioner and others as his accomplice.

The learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case inasmuch as neither any recovery has been made

Patna High Court Cr.Misc. No.34325 of 2018(3) dt.23-07-2018 2/2 from his possession nor any T.I.P. has been held. It is further submitted that as far as the criminal antecedent of the petitioner is concerned, all the cases have been lodged after being apprehended in the present case. Lastly, it is submitted that two cases were filed arising out of the same incident i.e. Lutua P.S. Case No. 14 of 2016, which is the present case and the other one is Lutua P.S. Case No. 15 of 2016 in which the petitioner has already been granted bail. The petitioner is stated to be languishing in custody since 24.01.2017.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail. Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Gaya in connection with Lutua P.S. Case No. 14 of 2016.

(Mohit Kumar Shah, J) ajay gupta/- U T