Virmani Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76630 of 2025 Arising Out of PS. Case No.-140 Year-2024 Thana- COMPLAINT CASE - PATNA CITY District- Patna ====================================================== Virmani Choudhary Son of Visheshwar Chaudhary R/o Naya Tola (Ghera) Kumhrar PS -Agamkuan Distt -Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Gaurav Kumar son of Late Ashok Prasad Resident of Village - Durga Charan Lane, Sadikpur, Po- Gulzarbagh, Ps- Alamganj, Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Chaudhary, Advocate For the Opposite Party/s :
Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-01-2026 Heard Mr.Rajesh Chaudhary, learned counsel for the petitioner, learned counsel for the complainant and Mr.Ram Sumiran Rai, learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since 13.07.2025 in connection with Complaint Case No. 140 of 2024, Complaint dated 09.02.2024 registered for the offence punishable under Sections 323,341,504,506,406,420,468,34 IPC.
3. According to prosecution case, petitioner and another co-accused person have received Rs. 21,05000/-from the complainant after execution of the agreement.
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4. Learned counsel for the petitioner submits that the petitioner has filed a supplementary affidavit stating therein in paragraph-4 of the supplementary affidavit that "petitioner undertakes that after being released on bail within one month of date of releasing on bail he shall pay Rs. 150,000/- to the complainant, further undertakes that rest amount of Rs.902500/- shall be paid in the four equal installments within one year of the first payment" which suggests that the petitioner shall pay Rs. 1,50,000/- to the complainant within a period of one month and further he shall pay Rs. 902500/- to the complainant within one year after payment of Rs. 1,50,000/-.The petitioner is in custody since13.07.2025.
5. Learned counsel for the complainant has no objection if the petitioner is ready to pay the aforesaid amount to the complainant. Learned APP for the State submits that the petitioner carries one more case other than the present one but fairly submits that the petitioner is on bail in the said case, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts, 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
3/4 amount each to the satisfaction of learned Judicial Magistrate1st Class-cum-A.M., Patna City, Patna in connection with Complaint Case No. 140 of 2024, with the following conditions:- (I) If the petitioner fails to pay the aforesaid amount as mentioned in the aforesaid, the complainant shall be at liberty to move before the appropriate forum for cancellation of bail bond of the petitioner.
(II) 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(IV) 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 criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the
4/4 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) Nitesh/- U T