Satish Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65349 of 2025 Arising Out of PS. Case No.-41 Year-2025 Thana- MORO District- Darbhanga ====================================================== Satish Choudhary Son of Kusheshwar Choudhary R/o Village- Patori P.SMoro Dist -Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Baidyanath Prasad, Advocate.
For the Opposite Party/s :
Mr.Shyameshwar Dayal, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Moro P.S. Case No. 41 of 2025 registered for the offence punishable under Sections 190, 132, 121(1), 262, 263, 226(2), 115(2), 352, 351(2) and 309(5) of the B.N.S.
3. As per the allegation made in the F.I.R., the petitioner who is the named accused in connection with Moro P.S. Case No. 30 of 2025 was taken into custody by the police, however, he managed to flee away from the custody of the police with the help of the villagers. All the named accused persons including the petitioner are said to have surrounded the police party and also have tried to snatch pistol of the informant.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.65349 of 2025(2) dt.17-09-2025 2/3 petitioner submitted that the petitioner is innocent and he has falsely been implicated in the case due to enmity. Petitioner has been made accused in the present case on false accusation. No such incidence has taken place nor the petitioner had assaulted any police party. Petitioner has been granted bail in connection with Moro P.S. Case No. 30 of 2025.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
6. Having considered the rival submissions made on behalf of the parties and having perused the allegation made in the F.I.R., it is admitted that the petitioner was made accused in connection with Moro P.S. Case No. 30 of 2025, in which allegation against him is that he managed to escape from the custody of the police with the help of the villagers, however, bail has been granted to the petitioner in connection with the aforesaid case and one more case is pending against the petitioner being Moro P.S. Case No. 55 of 2024 under Sections 126(2), 115(2), 118(1), 74, 352, 351(2) and 3(5) of the BNS, in which also the petitioner is on bail, I find that the petitioner has, prima facie, made out a case to be released on bail.
7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender
Patna High Court CR. MISC. No.65349 of 2025(2) dt.17-09-2025 3/3 before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Darbhanga in connection with Moro P.S. Case No. 41 of 2025, subject to the condition as laid down under Section 438(2) Cr.P.C / 482(2) BNSS.
8. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.
9. The bail application stands disposed of.
(Purnendu Singh, J) mantreshwar/- U T