Dhananjay Chaudhari @ Chhotu Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45236 of 2021 Arising Out of PS. Case No.-59 Year-2019 Thana- SHERGHATI District- Gaya ====================================================== Dhananjay Chaudhari @ Chhotu Chaudhari Son of Balendra Chaudhary Resident of Village - Lemboiya, P.S.- Roushanganj, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mrs.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

15-11-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Sherghati P.S. Case No. 59 of 2019, registered for the offence under Sections 25(1b)a/26/35 of the Arms Act and Sections 20, 22 of the N.D.P.S. Act.

On a secret information, a raid was conducted and two co-accused persons were nabbed with their motorcycle and on search, country-made pistols, live cartridges and 14 kg. of Ganja were recovered from their possession and on their disclosure, name of petitioner and other co-accused persons has surfaced, as the persons, who fled away from the spot. It is submitted on behalf of petitioner that no incriminating article has been recovered from the conscious possession of the petitioner. Recovery has been made from the

Patna High Court CR. MISC. No.45236 of 2021(2) dt.15-11-2021 2/2 possession of other co-accused persons namely Sujit Kumar @ Golu and Dhanku Yadav @ Dhiru, who have already been granted bail by this Court, vide order dated 08.05.2019 passed in Cr.Misc. No. 26143 of 2019 and order dated 16.12.2020 passed in Cr.Misc. No. 29589 of 2020 respectively. By referring to paragraph - 3 of the petition, it is submitted that though, petitioner has got criminal antecedent and he is accused in five more criminal cases, but out of five cases, in three cases, petitioner is on bail. Petitioner is in custody since 02.05.2019. Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances as well as period of custody, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Gaya / concerned court in connection with Sherghati P.S. Case No. 59 of 2019.

(Prabhat Kumar Singh, J.) anay U T