Chandu @ Chandraket v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12104 of 2021 Arising Out of PS. Case No.-230 Year-2018 Thana- DARIYAPUR District- Saran ====================================================== CHANDU @ CHANDRAKET aged about 21 years S/o Amarjeet Paswan R/o Village- Mathura, P.S.- Bidupur, Distt- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms/Mrs. Rina Sinha, Advocate For the Opposite Party/s :

Mr BMP Sinha, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-06-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 396 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, six unknown miscreants riding on two motorcycles intercepted the informant's brother when he was going to deposit some cash in the SBI, Bela Rail Chakka branch. Miscreants fired upon him and looted away about cash Rs.2,87,000/-.

Learned counsel for the petitioner submits that the petitioner has been implicated in this case on the basis of confessional statement of co-accused Ankit Goswami. No incriminating material has been recovered from the conscious possession of the petitioner. Test Identification Parade has not

Patna High Court CR. MISC. No.12104 of 2021(2) dt.25-06-2021 2/3 been carried out till date. Investigation is complete. Said Ankit Goswami as well as other co-accused have already been allowed bail by different benches of this Court vide orders passed in Cr.Misc.No. 48537/2019, 16932/2019, 15710/2020 and 33599/2019. Petitioner is in custody since 28.2.2019. Considering the facts and circumstances of the case and the fact that no incriminating material has been recovered from the conscious possession of the petitioner and Test Identification Parade has not been carried out till date, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge X, Saran in Sessions Trial No. 189/2020 on the following conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.12104 of 2021(2) dt.25-06-2021 3/3 for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T