Patna High CourtCR. MISC./39339/2018bail granted

Chandan Kumar @ Chandan Sahani v. The State Of Bihar

2018-07-25Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.39339 of 2018 (2) dt.25-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39339 of 2018 Arising Out of PS.Case No. -566 Year- 2017 Thana -AHIYAPUR District- MUZAFFARPUR ====================================================== Chandan Kumar @ Chandan Sahani S/o Lakshman Sahani, R/o Vill.- Rasulpur Saiyad Salim, P.S.- Ahiyapur, District- Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Hari Kishore Thakur, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner, who is in custody since 21.07.2017, has renewed his prayer for bail in connection with Ahiyapur P.S. Case No. 566 of 2017 for the offence alleged under Section 414 of the Indian Penal Code and Sections 25(1-b) a, 26 and 35 of the Arms Act having earlier been rejected by this Court by order dated 06.02.2018 in Cr. Misc. No. 6423 of 2018.

3. It is submitted that in a subsequent development, charges have been framed against the petitioner and trial has commenced but only one witness has been examined so far.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case and having regard to the period of custody already suffered since 21.07.2017, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Judge XV cum A.C.J.M., 14th,

Patna High Court Cr.Misc. No.39339 of 2018 (2) dt.25-07-2018 Muzaffarpur, in connection with Ahiyapur P.S. Case No. 566 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/BT U T