Saroj @ Chanchal Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63841 of 2022 Arising Out of PS. Case No.-204 Year-2022 Thana- VAISHALI District- Vaishali ====================================================== Saroj @ Chanchal Choudhary Son Of Late Narendra Prasad Chaudhary R/O Vill.- Chakmaruf, P.S.- Belsar O.P. (Vaishali), Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmesh Kumar, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b) A, 26 and 35 of the Arms Act. The case relates to recovery of one barrel gun with one live cartridge from the possession of the petitioner. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case only on the basis of suspicion. He further submits that it appears from the F.I.R. as well as seizure list that single barrel gun with one live cartridge has been recovered from the possession of the petitioner and there is noncompliance of Section 100(4) of the Cr. P.C. and the police after

Patna High Court CR. MISC. No.63841 of 2022(3) dt.28-02-2023 2/3 investigation submitted chargesheet against the petitioner and the petitioner is in custody since 08.06.2022. Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Vaishali (Belsar O.P.) P.S. Case No. 204 of 2022, with the following conditions :-

(1) 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his

Patna High Court CR. MISC. No.63841 of 2022(3) dt.28-02-2023 3/3 criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T