Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24101 of 2025 Arising Out of PS. Case No.-110 Year-2023 Thana- MANSURCHAK District- Begusarai ====================================================== Chandan Kumar Son of Rajesh Ram Resident of Birniya Bazar, Ward No.- 12, Police Station - Teghra, District - Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvottam Kumar, Adv.
Mrs. Asmita Bharti, Adv.
For the Opposite Party/s :
Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Mansoorchak P.S. Case No. 110/2023 registered for the offences punishable under Sections 394, 397 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, the informant alongwith Branch Manager proceeded for collecting money and they were returning after collecting amount of Rs.1,50,000/- and in the meantime, three miscreants boarded on the motorcycle and snatched the bag containing money alongwith other articles and fled away. FIR lodged against unknown.
4. Learned counsel for the petitioner submits that
2/4 petitioner is innocent and has committed no offence as alleged in the FIR. The petitioner is not named in the FIR and during course of investigation, the name of petitioner has been transpired in this case on the basis of confessional statement of co-accused Chotu Kumar. Except confessional statement, there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. The petitioner is languishing in custody since 14.11.2024 and bears criminal antecedent of 09 cases and in all cases he is on bail. He further submits that no incriminating article has been recovered from the conscious possession of the petitioner or from his house. No T.I.P has been conducted uptill now.
He orally submits that charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence. He orally further submits that the petitioner has been made accused in one case after another in a routine manner just because of criminal antecedent and all cases have been filed against unknown. He further submits that on similar and identical allegation, co-accused Md. Raja has already been granted bail by the co-ordinate Bench of this Court vide Cr. Misc. No.27874/2024 and on the principle of parity, the petitioner also deserves same treatment.
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5. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, period of custody, co-accused has already been granted bail and argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, cum Additional Munsif, Begusarai in connection with Mansoorchak P.S. Case No. 110/2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.
4/4 (iv) The petitioner shall furnish mobile number at the time of furnishing bail bond and the said mobile number shall continue in operating condition till disposal of the case and he shall get his presence marked before the officer-in-charge of the concerned police station on the first Tuesday of every month. (Alok Kumar Pandey, J) amitkumar/- U T