Indra Mohan Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20073 of 2022 Arising Out of PS. Case No.-162 Year-2021 Thana- BIRAUL District- Darbhanga ====================================================== Indra Mohan Choudhary S/o Late Ramakant Choudhary R/o village- Patania Lalpur (Pokhram), P.S.- Biraul, District- Darbhanga ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Advocate.

For the Opposite Party/s :

Mr. Mohammad Sufyan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Biraul P.S. Case No. 162 of 2021 lodged under Sections 147, 148, 149, 341, 323, 302, 379, 307, 504 of the Indian Penal Code.

The prosecution case has lodged upon the information of one Bibha Devi wife of Goving Khan that there are 14 named and 15-20 unnamed persons were visited to the shop of the informant and committed the offence of loot and dacoity, a general omnibus allegation is to attack by all of them upon the informant party by gadasa, rod and hathora. It has also been alleged that they have looted 5 lakh rupees.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.20073 of 2022(2) dt.25-07-2022 2/3 present F.I.R. has been lodged on 07.07.2021 whereas the husband of the informant of the present case along with 8 known and 5-7 unknown persons have committed crime in the evening of 01.06.2021 and for that the accused side had already filed Biraul P.S. Case No.133 of 2021 against the informant party. Learned counsel for the petitioner further submits that the present case has been filed completely retaliation of the earlier case. He further submits that the petitioner is a matured person aged about 51 years, he is in custody since 14.07.2021 and there is no chance that he shall misuse the bail and he is ready to fulfill all the conditions as shall be imposed by the Court. Learned counsel for the State opposes the prayer for bail.

Considering the facts and circumstances and submissions made above of this case, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-2nd, in connection with Biraul P.S. Case No. 162 of 2021, subject to the conditions as laid down under Section 437(3) of the Cr.P.C.

The petitioner is directed to appear on each and every

Patna High Court CR. MISC. No.20073 of 2022(2) dt.25-07-2022 3/3 date before the Trial Court, in case of non-appearance for two consecutive dates, shall resulted into cancellation of his bail bond. If he shall involve in such type of activities again, the prosecution shall be at liberty to move for cancellation of his bail bond.

Accordingly, the bail application stands allowed. (Dr. Anshuman, J.) guddu/- U T