Manoj Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6318 of 2021 Arising Out of PS. Case No.-61 Year-2020 Thana- TARABARI District- Araria ====================================================== MANOJ CHOUDHARY SON OF LATE DEVANAND CHOUDHARI RESIDENT OF VILLAGE- KACHMOH, P.S- PALASI, DISTT- ARARIA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No. 1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-04-2021 Heard Mr. Mukesh Kumar Rana, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Tarabari P.S. Case No. 61 of 2020 registered for the offences punishable under Section(s) 379, 413 and 414/34 of the Indian Penal Code, 1860.
The allegation as per the First Information Report lodged by Harshvardhan Narain Singh, is that the Motorcycle of Anil Yadav was stolen and in course of search of that Motorcycle, Binod Mandal and Ritesh Mandal disclosed to the informant that petitioner along with other co-accused persons named in the First Information Report used to commit theft of
Patna High Court CR. MISC. No.6318 of 2021(2) dt.15-04-2021 2/3 the Motorcycles and sell it to the different persons and on the basis of that disclosure, the informant recovered seven Motorcycle from different persons and produced before the Police.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case without any basis inasmuch as the name of the petitioner has been disclosed to the informant by two other persons and no stolen Motorcycle has been recovered from possession of the petitioner. Learned counsel further submits that the petitioner has got no criminal antecedent and the similarly situated co-accused persons have been granted bail by co-ordinate Benches of this Court in Cr. Misc. Nos. 3857 of 2021 and 4995 of 2021 respectively and the petitioner is in custody since 24.9.2020.
Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that similarly situated co-accused persons have been granted bail by co-ordinate Benches of this Court, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.6318 of 2021(2) dt.15-04-2021 3/3 satisfaction of learned Additional Chief Judicial Magistrate-III Araria, in connection with Tarabari P.S. Case No. 61 of 2020. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) S.Ali/- U T