Anil Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2700 of 2021 Arising Out of PS. Case No.-124 Year-2020 Thana- SURYAGARHA District- Lakhisarai ====================================================== ANIL KUMAR CHOUDHARY S/o Late Ramakant Choudhary R/o VillageChadaun, P.S.- Muffasil, District- Munger .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha For the Opposite Party/s :

Mr. A. L. Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-06-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Suryagarha Police Station Case No. 124 of 2020, registered for the offence punishable under Section 414 of the Indian Penal Code and Sections 25 (1-b)a/26 (i) (ii)/35 of the Arms Act. The allegation, as per the First Information Report, is that the police intercepted one motorcycle, which was being driven by co-accused Jitendra Singh and the petitioner was a pillion rider and on search, the police recovered 07 pieces of country-made pistols, 20 live cartridges along with motorcycle. Learned Counsel for the petitioner submits that the petitioner has got no criminal antecedent and has not committed any offence in the manner alleged. He next submits that from perusal of the First Information Report, it would be evident that

Patna High Court CR. MISC. No.2700 of 2021(3) dt.21-06-2021 2/2 the motorcycle was being driven by co-accused Jitendra Singh, who has been granted bail by co-ordinate Bench of this Court, vide order, dated 15.03.2021, passed in Criminal Misc. No. 3127 of 2021. He next submits that the petitioner is in custody since 28.06.2020 and charge sheet has been submitted against the petitioner, as such, there is no likelihood of the petitioner being abscond or tamper with the evidence.

Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 28.06.2020 and similarly situated co-accused person has been granted bail by this Court, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, in connection with Suryagarha Police Station Case No. 124 of 2020.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √