Chandan Kumar @ Chandni Gore @ Chandani Gor v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 57627 of 2015 Arising Out of PS.Case No. -115 Year- 2014 Thana -BIHIYA District- BHOJPUR ====================================================== Chandan Kumar @ Chandni Gore @ Chandani Gor S/o Rajnath Singh Resident of Village -Musafirgnj,P.S.- Buxar nager,District Buxar. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s : Mr. Sucheta Yadav (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

19-01-2016 Heard Sri Rajani Ranjan Prasad Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor. The petitioner, who is in custody in Bihiya P.S. Case no. 115 of 2014 registered for the offence under Section 395 of the Indian Penal Code, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that petitioner has falsely been implicated in the present case. He submits that in relation to commit dacoity on road, an F.I.R. was lodged against unknown, however; during investigation on the basis of confessional statement of one of the accused, the petitioner has been made accused, whereas, fact remains that nothing has been recovered from possession of the petitioner nor petitioner has been put on T.I.Parade. He further submits that one of the co-accused namely Pratik Singh, whose name had also transpired on confessional statement, has been granted bail by this Court by order dated 14-07-2015 passed in Cr.Misc. No. 23917 of

Patna High Court Cr.Misc. No.57627 of 2015 (2) dt.19-01-2016 2/2 2015.

Learned counsel for the petitioner accepts that besides the present case, the petitioner has also been made accused in one another case after lodging of the present case i.e. Ara town P.S. case no. 180 of 2014.

Keeping in view the fact that petitioner has been made accused on the basis of confessional statement of co-accused as well as the fact that one of the co-accused almost in similar circumstances has already been granted bail, there is no reason to deny the prayer for bail of petitioner.

Let the petitioner namely Chandan Kumar @ Chandni Gore @ Chandani Gor be enlarged 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 C.J.M., Bhojpur at Ara/concerned court in Bihiya P.S. Case no. 115 of 2014 with condition that one of the bailor must be blood relation of the petitioner and secondly, during the trial on each and every date the petitioner shall remain physically present before court below. If continuously on two dates the petitioner remains absent, without prior permission of the trial court, his bail-bond shall stand automatically cancelled.

(Rakesh Kumar, J.) Anay U T