Mukesh Kumar Choudhary @ Mukesh Choudhary @ Mukesh Kumar @ Mukesh Choudhri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43146 of 2023 Arising Out of PS. Case No.-79 Year-2020 Thana- KADIRGANJ District- Patna ====================================================== MUKESH KUMAR CHOUDHARY @ MUKESH CHOUDHARY @ MUKESH KUMAR @ MUKESH CHOUDHRI S/O RAM PRAKASH CHOUDHARY R/O VILLAGE- HARLA, PS. KADIRGANJ, DIST. PATNA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Singh For the Opposite Party/s :
Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2023 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 G.R. No. 980 of 2020 arising out of Kadirganj P.S. Case No. 79 of 2020 dated 10.9.2020 registered for the offence punishable u/s 302, 201/34 of the Indian Penal Code.
As per the prosecution case, on suspicion, the coaccused person, Ramesh Kumar was apprehended and he disclosed that he along with the petitioner and another co-
Patna High Court CR. MISC. No.43146 of 2023(2) dt.20-07-2023 2/3 accused person, committed murder of Anjali Kumari by drowning her into the water.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 20.9.2021 passed in Cr. Misc. No. 25355 of 2021. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.5.2023. Learned A.P.P. for the State has vehemently opposed the 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, Masaurhi, Patna in connection with Kadirganj P.S. Case No. 79 of 2020 with the condition:-
1. 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
Patna High Court CR. MISC. No.43146 of 2023(2) dt.20-07-2023 3/3 cause, the bail bonds of the petitioner are liable to be cancelled. The application stands allowed.
(Chandra Prakash Singh, J) Ajay Singh/- U T