Manish Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42093 of 2021 Arising Out of PS. Case No.-361 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== MANISH KUMAR CHOUDHARY Son of Chulhai Choudhary Resident of Village - Nawanagar, P.S.- Bidupur, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-02-2022 Heard Mr. Vinay Kumar Mishra, learned counsel for the petitioner and Mr. Umesh Lal Verma, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Bidupur P.S. Case No. 361 of 2020 registered for the offence punishable under Sections 399, 402, 120(B) of the Indian Penal Code 1860, Sections 25(1-B)a, 26 and 35 of the Arms Act. As per the First Information Report, the Police received secret information that some miscreants gathered at the place of occurrence in order to commit an offence, proceeded towards the place of occurrence and arrested five persons and some accused persons succeeded in fleeing away. The name of the petitioner has been disclosed by the co-accused Shatrughan

Patna High Court CR. MISC. No.42093 of 2021(2) dt.01-02-2022 2/3 Kumar.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case on the basis of disclosure of his name by the arrested co-accused Shatrughan Kumar. Learned counsel further submits that no incriminating material has been recovered from possession of the petitioner and he is in custody since 2.2.2021 and the similarly situated co-accused persons have been granted bail by co-ordinate Benches of this Court in Cr. Misc. 5289 of 2021 and 4756 of 2021 respectively. Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that petitioner has got no criminal antecedent, no incriminating material has been recovered from possession of the petitioner, the petitioner is in custody since 2.2.2021 and other co-accused persons have been granted bail by co-ordinate Benches of this Court, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at

Patna High Court CR. MISC. No.42093 of 2021(2) dt.01-02-2022 3/3 Hajipur, in connection with Bidupur P.S. Case No. 361 of 2020. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T