Ram Bharosa Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18285 of 2025 Arising Out of PS. Case No.-8 Year-2009 Thana- KORANSARAI District- Buxar ====================================================== 1.

Ram Bharosa Choudhary, aged about 35 years, Gender-Male, Son of Late Ramnwani Choudhary, Resident of Village- Noniyadera, PS- Dumraon, District- Buxar 2.

Kamlesh @ Ojha Choudhary, aged about 30 years, Gender-Male, Son of Sri Kishun Choudhary, Resident of Village- Noniyadera, PS- Dumraon, DistrictBuxar ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Bhaskar Shankar, Advocate For the Opposite Party :

Mr. Bhanu Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-05-2025 Learned counsel for the petitioners is permitted to make necessary correction in paragraph no. 1 and the prayer portion of the bail petition, in course of the day.

2. Heard learned counsel for the petitioners and learned A.P.P. for the State.

3. The petitioners seek bail in connection with Sessions Trial No. 333 of 2009, arising out of Koransarai P.S. Case No. 08 of 2009 dated 03.03.2009 registered for the offences punishable under Sections 394, 395 and 412 of the I.P.C.

4. As per the prosecution case, four unknown

Patna High Court CR. MISC. No.18285 of 2025(3) dt.12-05-2025 2/3 miscreants are alleged to have looted the informant's mobile phone and purse on the point of pistol.

5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. It is further submitted that the F.I.R. has been lodged against unknown and the petitioners are not named in the F.I.R. It is further submitted that it is a case of misuse of privilege of bail. Earlier the petitioners were granted bail by the learned court below in the year 2010 and their bail bonds were cancelled on 22.08.2023 as the petitioners had gone to Assam for their livelihood and due to this reason, their pairvi was left. It is submitted that the other co-accused person, namely, Vicky Yadav, has already been granted bail by a Bench of this Court in Cr. Misc. No. 14074 of 2025 vide order dated 21.03.2025. The petitioners have clean antecedent as stated in paragraph no. 3 of the bail petition. The petitioners are in custody in this case since 19.02.2025.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners, above named, are directed to be enlarged on bail on furnishing

Patna High Court CR. MISC. No.18285 of 2025(3) dt.12-05-2025 3/3 bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Ist-cum-Special Judge, SC/ST (POA) Act, Buxar in connection with Sessions Trial No. 333 of 2009, arising out of Koransarai P.S. Case No. 08 of 2009 with further condition:- (I) The petitioners are directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T