Samarjeet Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64542 of 2019 Arising Out of PS. Case No.-232 Year-2019 Thana- DHAMDAHA District- Purnia ====================================================== SAMARJEET CHOUDHARY, (M), aged about 20 years, Son of Manoj Choudhary @ Manoj Kumar Choudhary, Resident of Dhamdaha, Police Station- Dhamdaha, District- Purnea.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sudhanshu Shekhar, Advocate.

For the Opposite Party :

Mr.Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 413, 414 of the I.P.C. and Sections 25(1-b)a, 26 and 35 of the IPC.

The prosecution story, in brief, is that on the basis of confidential information, informant P.S.I. Pradip Kumar with other police officers and armed force, on 19.07.2019 at about 5.30 A.M. raided the house of co-accused Amarjeet Choudhary in presence of witnesses and recovered one loaded country made pistol from his waist and one country made Sixer and one country made pistol from beneath of his the bed. Informant also recovered live cartridges and two mobiles. Police also recovered

Patna High Court CR. MISC. No.64542 of 2019(2) dt.17-10-2019 2/3 one country made pistol and mobile from possession of Samarjeet Choudhary (petitioner) and also seized one Pulser Motorcycle having Registration No. BR 11M-6215 from his house. They did not produce any valid document of seized arms and ammunitions. On query, accused disclosed that seized mobile is looted from Bhokraha More and also confessed that changing the number of this Motorcycle, they do offence of robbery and dacoity. As per written petition, accused persons were planning for dacoity.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 21.07.2019. Charge sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that one country made pistol and mobile were recovered from possession of the petitioner and one Motorcycle was recovered from his house. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of

Patna High Court CR. MISC. No.64542 of 2019(2) dt.17-10-2019 3/3 the like amount each to the satisfaction of the learned C.J.M. Purnea, in connection with Dhamdaha P.S. Case No. 232 of 2019.

(Sudhir Singh, J) U.K./- U T