Karelal @ Chanchal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11138 of 2023 Arising Out of PS. Case No.-262 Year-2022 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Karelal @ Chanchal Kumar Son of Dhankik Yadav Resident of VillagePensailo, P.S.- Muffasil (Lakho O.P.), District- Begusarai at present residing in Village- Taratarpur, P.S.- Dandari, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 05.10.2022 in connection with S. Kamal P.S. Case No. 262 of 2022, F.I.R. dated 04.10.2022 for the offences punishable under Sections 392, 397, 412 of the Indian Penal Code and 25 (1-b)a, 26 and 35 of the Arms Act.

According to prosecution case, as per fardbeyan of informant is that on 03.10.2022 at 11:05 P.M. when informant was returning from Khagaria with his Toto alongwith three accused persons including this petitioner then on NH-31 after Raghunathpur village before Railway bridge at lonely place, one of them pointed pistol on his temple and looted his mobile

Patna High Court CR. MISC. No.11138 of 2023(2) dt.04-05-2023 2/3 phone, six hundred rupees and his Toto vehicle. Then suddenly police came there and one of them was apprehended by police who told his name as Anjesh Kumar. Thereafter with their help other two co-accused including petitioner was also apprehended by police.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case on the basis of the disclosure made by the co-accused persons namely Anjesh Kumar, he further submits that nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made on the basis of the confessional statement of the petitioner, one country-made pistol was recovered from the bush. He further submits that there is non-compliance of Section 100 of the Cr.P.C. and the police after investigation submitted the charge sheet against the petitioner and the petitioner is in judicial custody since 05.10.2022.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

Patna High Court CR. MISC. No.11138 of 2023(2) dt.04-05-2023 3/3 the like amount each to the satisfaction of the learned A.C.J.M. - IVth, Begusarai, in connection with S. Kamal P.S. Case No. 262 of 2022 , subject to 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 absence on two consecutive dates without sufficient reason, his 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.

3. 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) Aditi/Vikas U T