Ganesh Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79586 of 2019 Arising Out of PS. Case No.-234 Year-2019 Thana- CHOUTARWA District- West Champaran ====================================================== GANESH CHOUDHARY Son of Sukdev Choudhary Resident of Village - Bahuarawa, Police Station - Choutarawa, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Milind Kumar Mishra For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Chowtarwa P.S. Case No. 234 of 2019 registered for the offence punishable under sections 399 and 402 of the Indian Penal Code and section 25(1-b)a, 26 and 35 of the Arms Act. As per allegation in the FIR, on receiving secret information, a raid was conducted wherein three accused persons were caught while petitioner managed to escape. It is further stated that from the arrested accused persons, knife, one loaded country made pistol etc. were recovered and it appeared that they were making a plan to commit dacoity. It is submitted by learned counsel for the petitioner that allegations as levelled against the petitioner is false and concocted and he was not caught at the place of occurrence. It is

Patna High Court CR. MISC. No.79586 of 2019(2) dt.04-12-2019 2/2 further stated that not having been caught at the place of occurrence, there is no question of any recovery of any incriminating article nor any incriminating article has been recovered. It is further stated that from reading of the FIR together with the order of the learned court below it would be evident that learned 1st Additional Sessions Judge has committed an error of record in his order that recovery has taken place from possession of the petitioner, although no recovery has been made from his possession even subsequently. Petitioner is in custody since 06.09.2019.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1st, Bagaha, West Champaran in connection with Choutarwa P.S. Case No. 234 of 2019.

(Partha Sarthy, J) sushma/- U T