Chandan Kuwar @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28524 of 2015 Arising Out of P. S. Case No. -101 Year- 2014 Thana -BIHPUR DistrictBHAGALPUR ====================================================== Chandan Kuwar @ Chandan Kumar Son of Suvash Kuwar resident of village - Sonbarsa, Police Station - Bihpur, District - Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar, Adv. For the Opposite Party/s : Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 10-08-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 342, 379, 385, 504, 506/34 of IPC.

Allegation against the petitioner and others is to have stopped the informant while he was riding his motorcycle at the point of firearm and assaulted him. There is further allegation of damaging the motorcycle and snatching Rs.1,03,600/-. Further demand of ransom was made by coaccused Rinku Kumar. It is submitted that there is no specific allegation of overtact against the petitioner. Specific allegation is against

Patna High Court Cr.Misc. No.28524 of 2015 (2) dt.10-08-2015 2/3 co-accused Rinku Kumar. Nothing has been recovered from the possession of the petitioner. The petitioner has been in custody since 19.2.2015. However, after investigation chargesheet has already been submitted. Learned counsel for the State submitted that the petitioner has also actively participated in the occurrence. The petitioner has also criminal antecedent of similar nature. Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sri S. K. Gupta, learned Judicial Magistrate, 1st Class, Naugachia in the district- Bhagalpur/court concerned after framing of charge in Bihpur P.S. Case No. 101 of 2014 with following conditions:-

1. The petitioner will not indulge himself in similar or any other offence.

2. One of the bailors must be the close relative of the petitioner.

3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail,

Patna High Court Cr.Misc. No.28524 of 2015 (2) dt.10-08-2015 3/3 his bail bond would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T