Manish Choudhary v. The State of Bihar

Patna HC2 Sept 2025CR. MISC./50104/2025

Case brief

AI extract

What is this about?

Regular bail granted; Patna High Court; Criminal Miscellaneous No. 50104 of 2025; decided 02-09-2025; Chandra Prakash Singh; petitioner Manish Choudhary; State of Bihar; Bhagalpur; Mojahidpur (Babarganj) P.S. Case No. 283/2023; IPC S.413, S.414, S.34; Arms Act S.25(1-B)(a), S.26, S.35; country-made gun .315 bore recovery; custody since 21.08.2023; four antecedents; bail bond Rs. 20,000; two sureties; attendance condition.

What did the court decide?

Regular bail granted: petitioner to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Bhagalpur, subject to the condition of physical presence before the Court below on each and every date. ¶¶26

Manish Choudhary Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, in custody since 21.08.2023 in Mojahidpur (Babarganj) P.S. Case No. 283/2023 (Ss. 413, 414 r/w 34 IPC; Ss. 25(1-B)(a), 26 and 35 Arms Act), should be enlarged on regular bail.

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Court's answer

Considering the facts and circumstances of the case and the period of custody, the Court directed that the petitioner be enlarged on bail on furnishing a bail-bond of Rs.20,000/- with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Bhagalpur, in connection with Mojahidpur (Babarganj) P.S. Case No. 283/2023.

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Ratio / Principle

Bail is subject to the condition that the petitioner remain physically present before the learned Court below on each and every date; failure to do so on two consecutive dates without reasonable cause renders the petitioner's bail bond liable to be cancelled.

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Detailed headnote1 paragraphs

Manish Choudhary granted regular bail by the High Court of Judicature at Patna (Criminal Miscellaneous No. 50104 of 2025, order dated 02-09-2025, Justice Chandra Prakash Singh) in connection with Mojahidpur (Babarganj) P.S. Case No. 283/2023 dated 21.08.2023, registered for offences u/s 413 and 414 read with Section 34 of the Indian Penal Code and Sections 25(1-B)(a), 26 and 35 of the Arms Act. Bail granted considering the facts and circumstances and the period of custody (in custody since 21.08.2023; four antecedents, on bail in all). Conditions: bail-bond of Rs. 20,000 with two sureties of the like amount each to the satisfaction of the learned Court concerned, Bhagalpur; petitioner must remain physically present before the Court below on each and every date, failing which on two consecutive dates without reasonable cause the bail bond is liable to cancellation.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50104 of 2025

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Arising Out of PS. Case No.-283 Year-2023 Thana- MOUZAHIDPUR District- Bhagalpur

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

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Manish Choudhary S/o Late Sakhichand Choudhary @ Sakichand Choudhary @ Sakhichan Chaudhary Village- Sakrullachak, PS- Babarganj, Distt.Bhagalpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ashutosh Kumar For the Opposite Party/s : Mr.Uday Pratap Singh

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

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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3 02-09-2025

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Heard learned counsel for the petitioner and learned A.P.P for the State.

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2. The petitioner has preferred this application for grant of regular bail in connection with Mojahidpur (Babarganj) P.S. Case No. 283/2023 dated 21.08.2023 registered for the offence punishable u/s 413 and 414 read with Section 34 of the Indian Penal Code and Sections 25(1-B)(a), 26 and 35 of the Arms Act.

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3. As per the prosecution case, on seeing police three miscreants started fleeing away, but they were apprehended who disclosed their names as, Manish Choudhary, Saket Kumar and Sourabh Kumar. On search, a country-made gun loaded with one .315 bore cartridge was recovered from the possession of

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Patna High Court CR. MISC. No.50104 of 2025(3) dt.02-09-2025 2/3

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the petitioner, a country-made gun loaded with one .303 bore cartridge was recovered from the possession of the co-accused, Saket Kumar. Further, a motorcycle was recovered from the possession of the petitioner and the co-accused person, Saket Kumar and a motorcycle was recovered from the possession of the co-accused, Sourabh Kumar.

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4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has four antecedents and he is on bail in all the aforesaid cases as stated in para 3 of the bail petition. The petitioner is in custody since 21.08.2023

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

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6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with Mojahidpur (Babarganj) P.S. Case No. 283/2023, with the condition ;-

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Patna High Court CR. MISC. No.50104 of 2025(3) dt.02-09-2025 3/3

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(i). The petitioner is directed to remain physically

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present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

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cause, the bail bond of the petitioner is liable to be cancelled.

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7. The application stands allowed.

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(Chandra Prakash Singh, J)