Chandan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10850 of 2019 Arising Out of PS. Case No.-140 Year-2018 Thana- KUMAR KHAND District- Madhepura ====================================================== Chandan Sah, aged about 40 years, sex, Male, Son of Vijay Sah, R/o villageGadhiya, P.S- Kumarkhand, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-04-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 395 of the Indian Penal Code. Informant has alleged that while he was going, six criminals riding on three motorcycles took him on gunpoint and snatched away Rs.35,000/- from his pocket, mobile and purse and, thereafter, fled away.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. One of the criminals were apprehended by the villagers who

Patna High Court CR. MISC. No.10850 of 2019(2) dt.03-04-2019 2/3 disclosed his name as Manoj Kumar and also disclosed the name of Chandan Sah (petitioner). During investigation, accused Nitish Kumar was arrested and he and his motorcycle was identified by the informant. Nothing has been recovered from the possession of the petitioner nor he was put on T.I.P. although informant has stated that he can identify all the culprits. Similarly, situated co-accused persons have been granted bail by this Court as contained in Annexure 2 series. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Kumarkhand (Bhatni O.P.) P.S. Case No. 140 of 2018 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the

Patna High Court CR. MISC. No.10850 of 2019(2) dt.03-04-2019 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T