Mantu Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79998 of 2019 Arising Out of PS. Case No.-263 Year-2017 Thana- CIVIL LINE District- Gaya ====================================================== MANTU CHOUDHARY, Son of Late Lal Mohar Choudhary, Resident of Village - Karan, P.S.- Baghaila, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. D. K. Sinha, Sr. Advocate Mr. Abhinay Raj, Advocate For the Opposite Party/s :

Mr.Jagdhar Prasad, APP, For the informant :

Mr. Sanjeev Kumar Mr. Priya Ranjan Mr. Mukesh Kumar, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-12-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 363, 368, 379, 302, 34 of the Indian Penal Code.

Informant has alleged in his written complaint that he is a government doctor and owner of Scorpio vehicle and on the request of driver, Shakil, he had given his vehicle for his use to go to Aurangabad, however, subsequently his dead body was found. Allegation against the petitioner is that he has purchased the stolen vehicle from co-accused for transportation of illicit liquors.

It has been submitted that there is no material against

Patna High Court CR. MISC. No.79998 of 2019(2) dt.09-12-2019 2/3 the petitioner to connect him with the murder of the driver and he has been implicated in this case on the basis of confessional statement made by co-accused, Vikash Kumar and said Vikash Kumar and another similarly placed co-accused Amit Choudhary have already been granted bail by different coordinate Benchs of this Court as contained in Annexure 2 and 2/A respectively. Petitioner is in custody since 19.08.2019. Learned counsel for the informant has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Civil Lines P.S. Case No. 263/2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

Patna High Court CR. MISC. No.79998 of 2019(2) dt.09-12-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T