Mithun Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2208 of 2023 Arising Out of PS. Case No.-92 Year-2022 Thana- PHULWARIA District- Begusarai ====================================================== Mithun Choudhary, S/O Late Rajendra Choudhary R/O Village- Shokhara 02, Ward No 10, P.S- Phulwaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey For the Opposite Party/s :

Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 29-04-2023 Heard Ld. counsel for the petitioner and Ld. APP for the State.

The petitioner seeks bail in connection with Phulwaria P. S. Case No. 92 of 2022, registered for the offences punishable under Sections 341, 323, 504, 506 and 385 of the Indian Penal Code and Section 27 of the Arms Act, 1959.

As per allegation, the petitioner and his associate are alleged to have continuously demanded protection money from the informant and on his failure to fulfill the same, he was shot at.

Ld. counsel for the petitioner submits that the

2/4 petitioner is innocent and has falsely been implicated in this case. He further submits that even dispute has been settled between the parties and harmony has been restored between them. He also submits that similarly situated co-accused person has been granted bail by a co-ordinate Bench of this Court vide order dated 16.12.2022, passed in Cr. Misc. No. 55744 of 2022.

He further submits that the petitioner has been languishing in jail since 17.06.2022.

It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedents. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties

3/4 of the like amount each to the satisfaction of Ld. A.C.J.M.-I, Begusarai, in connection with Phulwaria P. S. Case No. 92 of 2022, on the following conditions:

(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not get hampered on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required. (iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

(iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

4/4 (v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner.

Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) skm/- U T