Rajesh Kumar Chaudhary Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57908 of 2024

Arising Out of PS. Case No.-153 Year-2024 Thana- BALIYA District- Begusarai

====================================================== Abhinandan Kumar S/o- Subash Rai Village- Nauranga Diyara Ps- ballia Dist- Begusarai

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== with CRIMINAL MISCELLANEOUS No. 58852 of 2024

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Arising Out of PS. Case No.-153 Year-2024 Thana- BALIYA District- Begusarai

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====================================================== Saurav Kumar son of Pankaj Kumar Sharma Village- Prashant Nagar, Bhagatpur, Ward no. 9, Ps- Ballia, Dist- Begusarai

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... ... Petitioner/s Versus

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The State of Bihar bihar

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... ... Opposite Party/s

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======================================================

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with

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CRIMINAL MISCELLANEOUS No. 59023 of 2024

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Arising Out of PS. Case No.-153 Year-2024 Thana- BALIYA District- Begusarai

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====================================================== Ankit Kumar Son of Late Kundan Kumar @ Kundan Kumar Singh @ Kundan Singh R/V- Village- shadipur Karari, P.S.- Ballia, Distt.- Begusarai

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== with CRIMINAL MISCELLANEOUS No. 60230 of 2024

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Arising Out of PS. Case No.-153 Year-2024 Thana- BALIYA District- Begusarai

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====================================================== Bajrangi @ Bajrangi Rai S/O Late Satya Narayan Rai Resident of VillageBhagatpur Ward No.9, P.S.- Ballia, Dist- Begusarai

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... ... Petitioner/s

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Versus The State of Bihar Bihar

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Patna High Court CR. MISC. No.57908 of 2024(2) dt.22-08-2024 2/4

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... ... Opposite Party/s

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======================================================

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with

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CRIMINAL MISCELLANEOUS No. 60402 of 2024

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Arising Out of PS. Case No.-153 Year-2024 Thana- BALIYA District- Begusarai

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======================================================

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Rajesh Kumar Chaudhary S/O Ashok Kumar Chaudhary Resident of VillageBhagatpur Ward No.4, P.S.- Ballia, Dist- Begusarai

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 57908 of 2024) For the Petitioner/s : Mr.Ashok Kumar Jha For the Opposite Party/s : Mr.Ram Bilash Roy Raman (In CRIMINAL MISCELLANEOUS No. 58852 of 2024) For the Petitioner/s : Mr.Ashok Kumar Jha For the Opposite Party/s : Mr.Ram Priya Sharan Singh (In CRIMINAL MISCELLANEOUS No. 59023 of 2024) For the Petitioner/s : Mr.Ashok Kumar Jha For the Opposite Party/s : Mr.Ram Bilash Roy Raman (In CRIMINAL MISCELLANEOUS No. 60230 of 2024) For the Petitioner/s : Mr.Ashok Kumar Jha For the Opposite Party/s : Mr.Anand Kishore Choudhary (In CRIMINAL MISCELLANEOUS No. 60402 of 2024) For the Petitioner/s : Mr.Ashok Kumar Jha For the Opposite Party/s : Mr.Anand Kishore Choudhary ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 22-08-2024

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Heard learned counsel for the petitioners and learned

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A.P.P for the State.

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2 . The petitioners have preferred this application for grant of regular bail in connection with Ballia P.S. Case No. 153 of 2024 dated 08.05.2024 registered for the offences punishable u/ss 399, 402 of the Indian Penal Code 25 (1-b)a, 26 and 35 of the Arms Act.

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Patna High Court CR. MISC. No.57908 of 2024(2) dt.22-08-2024 3/4

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3 . As per the prosecution case, one country made carbine, two magazines, two 9 mm cartridges, one country made pistol and seven live cartridges were recovered from the mango orchard where the petitioners and the co-accused persons were apprehended during the course of making preparation to commit crime.

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4 . Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged recovery. Similarly situated co-accused has already been granted bail by this court vide order dated 16.07.2024 passed in Cr. Misc. No. 51419 of 2024. The petitioners, namely, Abhinandan Kumar and Saurav Kumar have clean antecedent whereas the petitioners, namely, Bajrangi @ Banjrangi Rai and Ankit Kumar have four criminal antecedents and the petitioner, namely, Rajesh Kumar Chaudhary has six criminal antecedents as stated in para 3 of the bail petition. The petitioners are in custody since 09.05.2024.

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5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

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6 . Considering the aforesaid facts and circumstances

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Patna High Court CR. MISC. No.57908 of 2024(2) dt.22-08-2024 4/4

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of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Ballia P.S. Case No. 153 of 2024, with a condition/s:-

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( i ). The petitioners, namely, Rajesh Kumar Chaudhary, Bajrangi @ Banjrangi Rai and Ankit Kumar are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to cancelled.

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7 . The application stands allowed.

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(Chandra Prakash Singh, J)

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guddukr/-

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U T

Rajesh Kumar Chaudhary v. The State of Bihar

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Rajesh Kumar Chaudhary v. The State of Bihar

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