Chandan Kumar @ Chandan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7824 of 2022 Arising Out of PS. Case No.-351 Year-2019 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== CHANDAN KUMAR @ CHANDAN MAHTO Son of Laxmi Mahto Resident of Village - Sanha Naya Tola, P.S. Sahebpur Kamal, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shaishav Kumar, Adv For the Opposite Party/s :

Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-06-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 394 of IPC. Earlier the prayer for bail of the petitioner was rejected vide order dated 20.10.2020 passed in Cr. Misc. No.25140 of 2020.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that in fact one mobile and Rs.4,000/-

Patna High Court CR. MISC. No.7824 of 2022(3) dt.29-06-2022 2/3 has been recovered from possession of the petitioner. Vide order dated 08.04.2022 a report was called for with regard to the stage of the trial. Report reveals that the case has been committed on 23.04.2022 and the case is presently pending for prosecution evidence.

Learned counsel for the petitioner submits that the petitioner is in custody since 03.12.2019 and in view of the report of the learned Trial Court that there is no chance of early conclusion of the trial in near future.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries three more cases other than the present one.

Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sahebpur Kamal P.S. Case No.351 of 2019, with 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

Patna High Court CR. MISC. No.7824 of 2022(3) dt.29-06-2022 3/3 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 for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T