Manish Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50104 of 2025 Arising Out of PS. Case No.-283 Year-2023 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Manish Choudhary S/o Late Sakhichand Choudhary @ Sakichand Choudhary @ Sakhichan Chaudhary Village- Sakrullachak, PS- Babarganj, Distt.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Kumar For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-09-2025 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 Mojahidpur (Babarganj) P.S. Case No. 283/2023 dated 21.08.2023 registered for the offence punishable u/s 413 and 414 read with Section 34 of the Indian Penal Code and Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, on seeing police three miscreants started fleeing away, but they were apprehended who disclosed their names as, Manish Choudhary, Saket Kumar and Sourabh Kumar. On search, a country-made gun loaded with one .315 bore cartridge was recovered from the possession of

Patna High Court CR. MISC. No.50104 of 2025(3) dt.02-09-2025 2/3 the petitioner, a country-made gun loaded with one .303 bore cartridge was recovered from the possession of the co-accused, Saket Kumar. Further, a motorcycle was recovered from the possession of the petitioner and the co-accused person, Saket Kumar and a motorcycle was recovered from the possession of the co-accused, Sourabh Kumar.

4. 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 has no concern with the alleged recovery. The petitioner has four antecedents and he is on bail in all the aforesaid cases as stated in para 3 of the bail petition. The petitioner is in custody since 21.08.2023

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 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, Bhagalpur in connection with Mojahidpur (Babarganj) P.S. Case No. 283/2023, with the condition ;-

Patna High Court CR. MISC. No.50104 of 2025(3) dt.02-09-2025 3/3 (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.

7. The application stands allowed.

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