Patna High CourtCR. MISC./40254/2023bail granted

Kanhaiya Chaudhary @ Murari Chaudhary v. The State Of Bihar

2023-07-24Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40254 of 2023 Arising Out of PS. Case No.-110 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 Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shilpi Keshri For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2023 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.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Triveniganj P.S Case No. 110 of 2022 dated 04.03.2022 registered for the offences punishable under Sections 394, 307 and 326 of the Indian Penal Code and Sections 27 of the Arms Act.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have snatched the bag of the informant in which Rs. 1, 40,000/-, Lenovo, finger print device

Patna High Court CR. MISC. No.40254 of 2023(2) dt.24-07-2023 2/3 and some documents were recovered. It is further alleged that they also fired on the thigh of the informant for snatching his mobile phone and after snatching his mobile, they fled away from there.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the self confessional statement. The other co-accused person has already been granted bail by the Co-ordinate Bench vide order dated 11.04.2023 passed in Cr. Misc. No. 6882 of 2023. The petitioner is accused in 11 other which are related to similar nature of offence as stated in para 3 of the bail petition. The petitioner is in custody since 01.08.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. 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

Patna High Court CR. MISC. No.40254 of 2023(2) dt.24-07-2023 3/3 concerned, Supaul in connection with Triveniganj P.S Case No. 110 of 2022, with the conditions:- (i). 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, the bail bond of the petitioner is liable to be cancelled. (ii). If the petitioner is found involved in similar nature of offence in future, his bail bond is liable to be cancelled.

8. The application stands allowed.

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