Govind Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6520 of 2021 Arising Out of PS. Case No.-119 Year-2020 Thana- KHODAWANDPUR District- Begusarai ====================================================== GOVIND CHOUDHARY S/o Gopal Choudhary R/o Village- Khodawandpur, P.S.- Khodawandpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikram Deo Singh, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-04-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Khodawandpur P.S. Case No. 119 of 2020, registered for the offence punishable under Sections 120B, 364, 365 of the Indian Penal Code. As per the prosecution case, this petitioner along with two other FIR named accused persons disclosed to the informant that his brother has been forcibly taken away by Panchu Kumar on motorcycle to Cheria Bariarpur. Thereafter, ransom of Rs. 60,000/- was demanded on mobile phone of informant's mother. Informant raised suspicion that accused persons kidnapped the brother of informant and after hatching

Patna High Court CR. MISC. No.6520 of 2021(2) dt.16-04-2021 2/3 up criminal conspiracy might commit his murder. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case and he is only alleged to be the conspirator. This petitioner is friend of informant's brother and known to the informant and it is he who disclosed about the abduction of his brother. The brother of informant was recovered from the possession of other accused persons and Petitioner is in custody since 31.08.2020. Considering the facts and circumstances of the case and the fact that victim boy was recovered from possession of other accused person, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs.

10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Manjhaul, Begusarai in connection with Khodawandpur P.S. Case No. 119 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

Patna High Court CR. MISC. No.6520 of 2021(2) dt.16-04-2021 3/3 (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T