Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17827 of 2022 Arising Out of PS. Case No.-317 Year-2020 Thana- PAKARIBARAW District- Nawada ====================================================== Chandan Kumar Son of Manoj Kumar @ Priyanand Kumar Singh @ Priya Ranjan Kumar Residnet of Village - Dheodha, P.S.- Pakaribarawan, District - Nawada, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikash Kumar Pankaj, Advocate.

For the Petitioner/s : Mr. Pratyush Kumar, Advocate.

For the Opposite Party/s :

Mr. Binod Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail in a case registered for the offences punishable under Sections 308, 323, 324, 325, 341, 379 and 34 of the Indian Penal Code, 1860.

The prosecution story is that, the allegation against the petitioner is that he along with one Manoranjan Singh attacked upon the informant by means of iron rod resultantly he became unconscious. It is also alleged that they snatched Rs. 50,000/-, golden ring and golden tabiz from the informant.

Patna High Court CR. MISC. No.17827 of 2022(4) dt.10-08-2022 2/3 Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that there is no specific allegation against the petitioner and nothing incriminating article has been recovered from the conscious possession of the petitioner. He further submits that the injuries are simple in nature except one, which is not on the vital part of the body of the informant. The petitioner is in custody since 11.02.2022. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries two more cases other than the present one.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the learned Court below where the case is pending in connection with Pakaribarawan P.S. Case No. 317 of 2020, subject to 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 and shall remain physically present

Patna High Court CR. MISC. No.17827 of 2022(4) dt.10-08-2022 3/3 as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled 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.

3. 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.) Guddu/- U T