Umesh Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31734 of 2019 Arising Out of PS. Case No.-421 Year-2018 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.

UMESH CHOUDHARY Son of Rama Vatar Choudhary 2.

Bharat Choudhary Son of Ram Lal Choudhary Both are Resident of Village - Sanehi Tola, P.S.- Piro, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Brajendra Nath Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-05-2019 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in Udwant Nagar P.S. Case No. 421 of 2018, instituted for the offence under Section(s) 398, 400 of the Indian Penal Code, Sections 25 (1-b)a, 26 and 35 of Arms Act.

Counsel for the petitioners submits that petitioners are not named in the written report. They have clean antecedent.

It is alleged in the written report that on the sound of hooter in the Bank, Police arrested two persons who disclosed their names as Umesh Chaudhary, son of Dhurhu Chaudhary (petitioner) and Surendra Chaudhary, son of Hare Ram

Patna High Court CR. MISC. No.31734 of 2019(2) dt.13-05-2019 2/2 Chaudhary.

From the written report itself it is apparent that there is no recovery of any incriminating article from possession of the petitioners. The name of petitioners have come on the basis of statement given by two apprehended persons before the Police from whose possession firearm has been recovered. Petitioners are in custody since 29.3.2019 and 2.4.2019 respectively having clean antecedent. Considering the aforesaid facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Udwant Nagar P.S. Case No. 421 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioners.

(Sanjay Priya, J) S.Ali/- U T