Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16091 of 2023 Arising Out of PS. Case No.-263 Year-2019 Thana- LAHERIYASARAI District- Darbhanga ====================================================== CHANDAN KUMAR S/O DILIP CHOUDHARY R/v- Bagmusa, P.S.- Hajipur Town, District- Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar, Adv.

For the Opposite Party/s :

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-05-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Laheriasarai P.S. Case No. 263 of 2019 dated 10.07.2019 registered for the offence under Sections 395 and 397 of the Indian Penal Code and Section 27 of the Arms Act. The informant and his wife are alleged to have been assaulted by the unidentified miscreants and they have committed theft of golden ornaments and cash of Rs. 6-7 lakh from the house of the informant.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has not been named in the F.I.R., however, his name transpired in this case on

Patna High Court CR. MISC. No.16091 of 2023(2) dt.11-05-2023 2/3 the basis of confessional statement of the co-accused, Ricky Khan @ Shahbaz Ali @ Ahahbaz Ali Siddiqui. He further submits that in fact nothing incriminating as alleged in the F.I.R. has been recovered from the house or conscious possession of the petitioner and the no T.I.P. has been conducted by the prosecution as yet. Save and except the confessional statement of the co-accused, no cogent material has surfaced during course of investigation suggesting the involvement of the petitioner in the alleged occurrence. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 05.11.2022.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one but fairly submits that he is on bail in that case.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 Chief Judicial Magistrate, Darbhanga in connection with Laheriasarai P.S. Case No. 263 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

Patna High Court CR. MISC. No.16091 of 2023(2) dt.11-05-2023 3/3 and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled 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) brajesh/- U T