Chandan Barnwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28705 of 2021 Arising Out of PS. Case No.-258 Year-2019 Thana- SONO District- Jamui ====================================================== CHANDAN BARNWAL SON OF MR. ASHOK BARNWAL R/O VILLAGE- LAKHANKIYARI, P.S.- SONO, DISTRICT- JAMUI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the State :

Mr. Bisheshwar Ram, APP For the Informant : Mr. Umesh Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-08-2021 Heard learned counsel for the petitioner, the State and the informant.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code and u/s 27 of Arms Act.

Prayer of petitioner for bail was earlier rejected by this court vide order dated 26.06.2020 passed in Cr. Misc. No. 10993/2020 with an observation that petitioner may renew his prayer for bail after seven months from the date of order. Learned counsel appearing for the petitioner submits that petitioner is in custody since 26.11.2019, similarly situated accused has already been granted bail and charge sheet has been submitted.

Patna High Court CR. MISC. No.28705 of 2021(2) dt.09-08-2021 2/2 Learned counsel appearing for the State and the informant opposed the prayer for bail and submitted that looted article has been recovered from the possession of the petitioner. Considering the facts of the case and the period of custody of the petitioner, 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 Additional Chief Judicial Magistrate, Jamui in connection with Sono PS case No. 258/2019 on 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 as directed by the Court and on his/ her absence on two consecutive dates without sufficient reason, his/her 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.

(Prabhat Kumar Singh, J) BKS/- U T