Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25146 of 2017 Arising Out of PS.Case No. -378 Year- 2016 Thana -KUDHNI District- MUZAFFARPUR ======================================================

1. Chandan Kumar Son of Devendra Singh, resident of VillageBalbhadarpur, P.S. Kudhani, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Prasad For the Opposite Party/s : Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-06-2017 Heard the parties.

The petitioner seeks regular bail in connection with Kudhani P.S.Case No.378 of 2016, registered for offences punishable under Sections 379 of the Indian Penal Code. The petitioner is not named in the F.I.R. and it appears that later on his name transpired in this case.

It is submitted on behalf of the petitioner that he has been arrested on the basis of confession though one stolen motorcycle has been recovered from the possession of the petitioner. The petitioner is in custody for about five months and he has been falsely implicated in this case and he has clean antecedent. Heard learned A.P.P. also.

Having heard both sides and in view of the fact that he has

Patna High Court Cr.Misc. No.25146 of 2017 (3) dt.28-06-2017 2/2 clean antecedent and he has remained in custody for about five months, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of J.M. Ist Class, West Muzaffarpur in connection with Kudhani P.S.Case No.378 of 2016.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U