Shanichar Choudhary @ Shanidev Choudhary @ Shanidev Choudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81054 of 2023 Arising Out of PS. Case No.-643 Year-2021 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== 1.

Shanichar Choudhary @ Shanidev Choudhary @ Shanidev Choudhari Son Of Late Kare Choudhary @ Karelal Chaoudhary @ Kare Lal Chaudhari R/O Village- Rohiyama, P.S.- Beldour, Dist.- Khagaria 2.

Pandav Choudhary @ Pandav Kumar Son of Jay Karan Choudhary R/O Village- Rohiyama, P.S.- Beldour, Dist.- Khagaria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sulekha Devi W/O Late Kishundeo Choudhary R/O Village And P.O.- Rohiyama, P.S.- Beldour, Dist.- Khagaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrityunjay Kumar, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Complaint Case No. 643 of 2021 instituted for the offences under Sections 452, 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the complaint case has

Patna High Court CR. MISC. No.81054 of 2023(2) dt.22-12-2023 2/3 been lodged in which allegation has been made by the complainant that his husband was killed by the accused persons.

4. It has been submitted on behalf of the petitioners that the petitioners are in custody since 28.07.2023 and have no criminal antecedent. The petitioners have falsely been implicated in the present case only on the basis of suspicion. Learned counsel for the petitioners submits that general and omnibus allegation has been made against these petitioners. He further submitted that the co-accused person, Kishor Pasawan @ Raj Kishor Paswan has been granted bail by the co-ordinate Bench of this Court vide order dated 19.10.2023 passed in Cr. Misc. No. 68623 of 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioners as well as the fact that the co-accused person has already been granted bail and these petitioners are also on similar footing, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties

Patna High Court CR. MISC. No.81054 of 2023(2) dt.22-12-2023 3/3 of the like amount each to the satisfaction of Court below/concerned Court in connection with Complaint Case No. 643 of 2021.

(Rudra Prakash Mishra, J) Alok Verma/- U T