Chandan Kumar Singh @ Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27153 of 2017 Arising Out of PS.Case No. -71 Year- 2017 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Chandan Kumar Singh @ Chandan Kumar Son of Ajit Singh, Resident of Village- Banjariya, Police Station- Madhuban, District- East Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar, Advocate Mr. Pankaj Kumar Das, Advocate For the Opposite Party/s : Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 25-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 01.04.2017 in connection with Madhuban P.S. Case No. 71 of 2017 registered for the offence punishable under Sections 387 and 120(B) of the Indian Penal Code, Section 17 of the Criminal Law Amendment Act and Sections 10 and 13 of the U.A.P. Act. The prosecution case, as lodged by the informant, is that he was getting call from one Sunni Singh Rajpoot of Azad Hind Fauj demanding ransom of Rs. seven lacs for purchase of A.K.-47 rifle.
Patna High Court Cr.Misc. No.27153 of 2017 (3) dt.25-07-2017 2/3 It has been submitted by the learned counsel for the petitioner that he is not named in the First Information Report and his name surfaced on his own extra judicial confession before the police and also from the statement of the informant, who stated that the petitioner is an accomplice to accused Sunni Singh Rajpoot and the petitioner's photo was taken by the informant and was also found in the CCTV camera of his shop. It has further been submitted that no overt act has been committed by the petitioner, he does not bear any criminal antecedent and that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.
However, learned A.P.P. for the State opposes the prayer for bail.
Be that as it may, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateIV, East Champaran at Motihari in connection with Madhuban P.S. Case No. 71 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable properties within the jurisdiction of the concerned
Patna High Court Cr.Misc. No.27153 of 2017 (3) dt.25-07-2017 3/3 P.S./ Court, who would file an affidavit stating his relationship with the petitioner and that petitioner will appear before the learned Court below on each and every date and failure to appear before the learned Court below on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J.) Arjun/- U T