Lal Babu Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43095 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Lal Babu Choudhary Son of Heera lal Choudhary Resident of Village- Atarua, P.S.- Bhagwanpur, (Teyai O.P.), Dist.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Dhar Jha, Adv For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Begusarai Town P.S. Case No. 09 of 2024 dated 05.01.2024 registered for the offences punishable u/s 399, 402 of the I.P.C. and Section 25 (1B)a, 26, 35 of the Arms Act and Section 20(b) and 22(b) of N.D.P.S. Act.

3. As per the prosecution case, a loaded country made pistol along with live cartridge and case of Rs. 12,000/- were recovered from the possession of the petitioner. Further, 1 kg100 gm ganja was also recovered from the place of occurrence.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.43095 of 2024(2) dt.02-07-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. The seized contraband has not been recovered from the conscious possession of the petitioner. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 06.01.2024.

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

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, 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, Begusarai, in connection with Begusarai Town P.S. Case No. 09 of 2024, with a condition/s:- (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 cancelled.

7. The application stands allowed.

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