Ravi Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21326 of 2020 Arising Out of PS. Case No.-28 Year-2019 Thana- BANDHUWA KURAWA District- Banka ====================================================== RAVI CHOUDHARY Son of Ashok Kumar Chaudhary @ Ashok Prasad Choudhary Resident of Village- Chirouta Tola Chirauta, P.S.- Belhar, Dist.- Banka.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-07-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic.

Heard the learned counsel for the petitioner the learned APP for the State.

The petitioners seek regular bail in connection with Bandhuwa Kurawa PS case no. 28 of 2019 instituted for the offences punishable under Sections 25(1-b)a, 26, 35 of Arms Act. The allegation is regarding recovery of one loaded automatic pistol along with five live cartridges from the possession of the co-accused person namely Pawan Choudhary and the name of the petitioner has transpired in the confessional statement made by the said co-accused person.

The learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.21326 of 2020(2) dt.01-07-2020 2/2 the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 15.11.2019. It is further submitted that though the petitioner is accused in one other case but he is on bail in the said case. Lastly, it is submitted that the aforesaid co-accused person Pawan Choudhary has already been granted bail by a co-ordinate Bench of this Court vide order dated 17.10.2019, passed in Cr. Misc. no. 64065 of 2019.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the period of incarceration of the petitioner herein as also the parity of the case of the petitioner with that of the co-accused who has already been granted bail by a coordinate Bench of this Court, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Banka in connection with Bandhuwa Kurawa PS case no. 28 of 2019.

(Mohit Kumar Shah, J) rinkee/- U T