Chandan Kumar @ Baua v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14891 of 2022 Arising Out of PS. Case No.-477 Year-2021 Thana- SAKRA District- Muzaffarpur ====================================================== CHANDAN KUMAR @ BAUA S/O UPENDRA SINGH R/o village- Ali Sarai, P.S.- Sakra, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Sakra P.S. Case No. 477 of 2021, for the offence punishable under Sections 413 and 414/34 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act.

The allegation against the petitioner is that one country made pistol, two live cartridges and one Samsung mobile phone were recovered from the possession of the petitioner.

Learned counsel appearing on behalf of the petitioner submits that the the petitioner has falsely been implicated in this case showing recovery of country made pistol, two live

Patna High Court CR. MISC. No.14891 of 2022(2) dt.15-06-2022 2/3 cartridges and a mobile phone in spite of the fact that petitioner was not possessed with the same. The petitioner has remained in custody since 26.09.2021.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case, there is no allegation of tampering the evidence or influencing the witnesses and the trial of the petitioner is not likely to be completed in near future, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Muzaffarpur in connection with Sakra P.S. Case No. 477 of 2021, subject to the 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.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty

Patna High Court CR. MISC. No.14891 of 2022(2) dt.15-06-2022 3/3 to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T