Patna High CourtCR. MISC./73900/2023bail granted

Raushan Kumar Choudhary v. The State Of Bihar

2023-11-29Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73900 of 2023 Arising Out of PS. Case No.-315 Year-2023 Thana- GARKHA District- Saran ====================================================== RAUSHAN KUMAR CHOUDHARY Son of Late Prem Sagar Chaudhary R/o vill - Garkha Bazar, P.S. - Garkha, Dist. - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary, Adv For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Garkha P.S Case no. 315 of 2023 registered under sections 399 and 402 of the Indian Penal Code and sections 25(1-B)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, the informant states that receiving information that accused persons had gathered at one of the houses of the petitioner and were planning to give effect to an occurrence, a raid was conducted. It is stated that besides other articles being recovered from the other accused persons, from the possession of this petitioner a live cartridge of .315 bore and a knife was recovered.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No

Patna High Court CR. MISC. No.73900 of 2023(2) dt.29-11-2023 2/2 incriminating article has been recovered from his possession. The petitioner is in custody since 6.9.2023 and has no criminal antecedent.

5. Heard learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, charge-sheet having being submitted in this case, petitioner not having any criminal antecedent and his having remained in custody since 11.6.2023, the petitioner is directed to be enlarged on bail in connection with Garkha P.S Case no. 315 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-IV, Saran at Chapra.

(Partha Sarthy, J) uttam/- U T