Patna High CourtCR. MISC./47134/2023allowed

Anil Choudhary v. The State Of Bihar

2023-10-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47134 of 2023 Arising Out of PS. Case No.-132 Year-2022 Thana- VIDYAPATINAGAR DistrictSamastipur ====================================================== Anil Choudhary Son Of Balaswar Choudhary Resident Of Village- Sarpur, Ps- Vidyapati Nagar, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh For the Opposite Party/s :

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 364/34 of the Indian Penal Code.

3. As per allegation in the FIR, 10-15 accused persons in a planned way caught Ajay Choudhary, brother-in-law of the informant from his shop and looted him thereafter abducted him with an intention to kill.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Specific allegation is against Uday Chaudhary and not against the petitioner. Statment of the victim boy was recorded u/s 164

Patna High Court CR. MISC. No.47134 of 2023(5) dt.10-10-2023 2/2 Cr.P.C. which is mentioned in para 158 of the case diary, he has not made specific allegation of abduction against the petitioner. Other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 12.5.2023 passed in Cr. Misc. No. 48425 of 2022. Petitioner has got no criminal antecedent and languishing in judicial custody since 7.4.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Samastipur in connection with Vidyapati Nagar P.S. Case No. 132 of 2022.

(Sunil Kumar Panwar, J) sushma/- U