Mukesh Choudhary @ Jayprakash Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39437 of 2018 Arising Out of PS. Case No.-150 Year-2017 Thana- RAJEPUR District- East Champaran ====================================================== Mukesh Choudhary @ Jayprakash Choudhary, Son of Yadolal Choudhary @ Yadav Lal Choudhary, resident of village- Madhuwahan Brit, P.S.- Rajepur, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-09-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner seeks bail in Rajepur P.S. Case No. 150 of 2017 registered for the offence punishable under Sections 394 of the Indian Penal Code and Section 27 of the Arms Act. Informant in his written complaint has stated that he and his friend after Lahana Wasuli were returning to Rajepur then three unknown miscreants overtook their motorcycle and opened fire causing injury on informant's right hand and thereafter snatched Rs. 60000/- cash and also looted away the motorcycle.

It has been submitted on behalf of the petitioner that the petitioner has committed no offence and has been falsely

Patna High Court Cr.Misc. No.39437 of 2018(3) dt.05-09-2018 2/2 implicated in this case. Petitioner has not been named in the FIR. The name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused Rajesh Rai. It has been further submitted that TIP of the petitioner has also not been conducted. Petitioner has got no criminal antecedent and is in custody since 03.04.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Sadar, East Champaran at Motihari, in connection with Rajepur P.S. Case No. 150 of 2017. (S. Kumar, J) ranjan/- U