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Patna High CourtCR. MISC./24840/2023allowed

Chotu Choudhary @ Dhananjay Choudhary v. The State Of Bihar

2023-08-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24840 of 2023 Arising Out of PS. Case No.-174 Year-2022 Thana- SHERGHATI District- Gaya ====================================================== Chotu Choudhary @ Dhananjay Choudhary Son Of Balendra Chaudhary R/O Village- Lemboia, P.S.- Roshanganj, District- Gaya, Bihar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar For the Opposite Party/s :

Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

3. As per prosecution case, while the informant was returning after collecting cash of Rs. 1,17,300/- meanwhile, two unknown miscreants surrounded him and snatched aforesaid cash money along with his mobile phone.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather has falsely been implicated in this case due to his criminal antecedents. His name was transpired in this case on the basis of confessional statement

Patna High Court CR. MISC. No.24840 of 2023(5) dt.24-08-2023 2/2 of co-accused Bablu Chaudhary who is already getting the privilege of bail granted by co-ordinate Bench of this court vide order dt. 26.4.2023 passed in Cr. Misc. No. 14367 of 2023. Neither the petitioner was put on TI Parade no any incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 30.5.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sherghati (Dobhi) P.S. Case No. 174 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Sherghati.

(Sunil Kumar Panwar, J) Amandeep/- U T