Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10886 of 2024 Arising Out of PS. Case No.-185 Year-2023 Thana- KONCH District- Gaya ====================================================== 1.
Chandan Kumar S/O Upendra Paswan R/O Village- Konchdih, P.S- Konch, Distt.- Gaya.
2.
Ravi Ranjan @ Ravi Ranjan Kumar @ Ravi Ranjan Paswan S/O Satendra Paswan R/O Village- Konchdih, P.S- Konch, Distt.- Gaya. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh, Adv.
For the Opposite Party/s :
Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-04-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners seek regular bail in connection with Konch P.S. Case No. 185 of 2023, lodged on 26.04.2023 under Sections 147, 149, 323, 307, 353, 504 of the Indian Penal Code.
3. As per the prosecution case, FIR has been lodged against two named accused persons including the present petitioners and 5-6 unknown persons. The allegation against the present petitioners is that they have assaulted the police party during vehicle checking and also tried to snatch police rifle and some of the police personnel also sustained injuries.
4. Learned counsel for the petitioners submit that the
Patna High Court CR. MISC. No.10886 of 2024(3) dt.16-04-2024 2/3 petitioners are innocent and have committed no offence. Counsel also submits that the criminal antecedent of the petitioners are clean and they are in custody since 31.10.2023. Counsel further submits that no allegations of any injury or detail of any treatment has been given which clearly overrules the application of section 307 of the I.P.C.
5. Learned APP for the State opposes the prayer for bail of the petitioners.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named be granted bail, but only after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Gaya in connection with Konch P.S. Case No. 185 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C. as well as the following conditions:
(i) one of the bailor should be the father of the petitioners who shall provide official document to show his bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive
Patna High Court CR. MISC. No.10886 of 2024(3) dt.16-04-2024 3/3 dates without plausible reason will entail cancellation of their bail bonds by the Trial Court itself;
(iii) the petitioners shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J.) Divyansh/- U T