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Patna High CourtCR. MISC./27644/2017allowed

Rajesh Choudhary v. The State Of Bihar

2017-07-07Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27644 of 2017 Arising Out of PS.Case No. -3 Year- 2017 Thana -NAWADA District- NAWADA ====================================================== Rajesh Choudhary Son of Late Mahendra Choudhary, Resident of VillageLine Par Mirjapur, P.S.- Nawada, District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-07-2017 Heard learned counsels for the petitioner. No one appears for the State to assist the Court.

The petitioner is in custody in connection with Nawada Town P.S. Case No. 3 of 2017 for the offences under Sections 25(1-b)a, 26 and 35 of the Arms Act. It is submitted on behalf of the petitioner that similarly circumstanced co-accused, namely, Somesh Satyam @ Nivi Kumar has already been granted bail by this Court in Cr. Misc. No. 23724 of 2017 vide order dated 23.5.2017. It is further submitted by counsel for the petitioner that nothing was recovered from the possession of the petitioner. In fact, the country made loaded katta was recovered from the bed room of Kunal Kumar and not from the possession of the petitioner. The name of the

Patna High Court Cr.Misc. No.27644 of 2017 (2) dt.07-07-2017 2/2 petitioner was disclosed by one Rajesh Kumar Choudhary. Having regard to the facts and circumstances and the fact that similarly circumstanced co-accused Somesh Satyam has been granted bail by this Court in Cr. Misc. No. 23724 of 2017 vide order dated 23.5.2017, let the petitioner, above named, be released 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 Chief Judicial Magistrate, Nawada or the successor Court in connection with Nawada Town P.S. Case No. 3 of 2017, subject to the condition that the petitioner will extend full cooperation in conclusion of the trial and will not, in any manner, tamper with the evidence and influence the witnesses. (Anil Kumar Upadhyay, J) S.Pandey/- U T