Kanhaiya Chaudhary @ Murari Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39775 of 2023 Arising Out of PS. Case No.-172 Year-2022 Thana- TRIVENIGANJ District- Supaul ====================================================== Kanhaiya Chaudhary @ Murari Chaudhary, S/O Late Deo Narayan Choudhary, R/O Latauna Ward No.-3, P.S- Triveniganj, Distt.- Supaul, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Shilpi Keshri, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Triveniganj P.S. Case No. 172 of 2022 dated 02.04.2022 registered for the offences punishable u/s 392 of the Indian Penal Code.

As per the prosecution case, four miscreants boarded on two motorcycles intercepted the tempo of the informant. The pillion rider of the said motorcycles snatched Rs. 60,000/- from the informant on the gun point.

Patna High Court CR. MISC. No.39775 of 2023(2) dt.12-07-2023 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the coaccused. Nothing has been recovered from the conscious possession of the petitioner. No T.I.P. has been conducted by the prosecution. The petitioner is accused in eleven other criminal cases out of which he is on bail in three other cases as stated in para 3 of the bail petition. The petitioner is in custody since 01.08.2022.

Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Supaul in connection with Triveniganj P.S. Case No. 172 of 2022 with the conditions :-

1. One of the bailors shall be a close relative of the petitioner who shall give genealogy as to how he is related to the petitioner.

Patna High Court CR. MISC. No.39775 of 2023(2) dt.12-07-2023 3/3

2. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, his bail bonds are liable to be cancelled.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T