Patna High CourtCR. MISC./81488/2019allowed

Uma Chaudhari @ Uma Chaudhary @ Harendra Chaudhari v. The State Of Bihar

2019-12-11Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81488 of 2019 Arising Out of PS. Case No.-241 Year-2019 Thana- JOGAPATTI District- West Champaran ====================================================== Uma Chaudhari @ Uma Chaudhary @ Harendra Chaudhari @ Uma Choudhary @ Harendra Choudhari, Son of Chandrika Chaudhary @ Chandrika Choudhari, Resident of Village- Churiharwa, P.S.- Chautarwa, District- West Champaran. ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Yogapatti (Nawalpur) P.S. Case No. 241 of 2019 for the offence under Sections 384/386 of the Indian Penal Code and Sections 25(1-b) a, and 26 of the Arms Act.

Learned counsel for the petitioner admits that there are cases against the petitioner and only because of previous antecedent record he has been made accused in this case. He submits that the allegation against this petitioner is that from his possession one SBPL 12 bore country made gun and live cartridge was recovered. He also submits that the petitioner was apprehended by the police on the allegation of extortion from several farmers. The petitioner is in custody since 26.06.2019. Considering the fact that the petitioner has remained in custody for more than five months, the petitioner, named

Patna High Court CR. MISC. No.81488 of 2019(2) dt.11-12-2019 2/2 above, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, West Champaran, Bettiah in connection with Yogapatti (Nawalpur) P.S. Case No. 241 of 2019 with the following conditions:

(a) The bailors should be the family members of the petitioner.

(b) In the event, it is reported that the petitioner has made any attempt to extort the local people, the Court below shall be at liberty to cancel the bail bonds of the petitioner. (Anil Kumar Upadhyay, J) uday/- U T