Chandan Kumar @ Chandan Pasi@Bose v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17744 of 2021 Arising Out of PS. Case No.-379 Year-2020 Thana- BARHARA District- Bhojpur ====================================================== Chandan Kumar @ Chandan Pasi@Bose Son Of Sarju Pasi @ Sona Pasi @Surendra Chaudhary R/O Village Saraiya P.S.- Barhara District Bhojpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Chandra Gandhi, Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-10-2021 Heard the parties.

Petitioner seeks bail in a case registered for the offences punishable under Sections 326,307/34 of the I.P.C. and Section 27 of Arms Act.

Three unknown persons allegedly fired at the brother of the informant. Due to darkness, the Motorcycle No. of the miscreants could not be seen but the informant claimed that he can identify the person who had fired on his brother. Petitioner is a co-villager of the informant and he is in custody since 05.09.2020.

The FIR was lodged on the date of occurrence itself, however, after four days of the occurrence, the

Patna High Court CR. MISC. No.17744 of 2021(3) dt.07-10-2021 2/3 statement of the injured was recorded by the police wherein he claimed that this petitioner had caused the firearm injury. Since the petitioner was a co-villager, there was no reason to not disclose the name to the police at the earliest, if the petitioner was identified, either by the informant or the injured as both were there at the time of occurrence. Learned counsel for the informant opposed the prayer for bail.

Considering the aforesaid facts and completion of investigation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Barhara Police Station Case No.379 of 2020 with following conditions:

(a) Both the bailors shall be resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country

Patna High Court CR. MISC. No.17744 of 2021(3) dt.07-10-2021 3/3 without permission of the trial Court.

(Birendra Kumar, J) Nitesh/- U T