Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22091 of 2022 Arising Out of PS. Case No.-553 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Chandan Kumar Son of Rajesh Ram Resident of Village - Barauri, Bariyarpur, Ward No. 12, Police Station - Teghra, District - Patna. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar, Advocate.
For the Opposite Party/s :
Mr.Binod Kumar No. 3, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with Begusarai (Muffasil) P.S. Case No. 553 of 2019 registered for the offences under Sections 392, 411, 413 and 414 of the Indian Penal Code.
As per allegation on the alleged date and time of occurrence, the petitioner was riding his motorcycle and on the way, four unidentified persons stopped his motorcycle and thereafter looted a mobile phone, ATM Card, Aadhar Card and some cash from the possession of the petitioner. The main submissions advanced by learned counsel for
Patna High Court CR. MISC. No.22091 of 2022(2) dt.20-07-2022 2/3 the petitioner are that the petitioner has been made accused in this case mainly on the basis of confessional statement of co-accused Sunil Sah except this there is no material against him to connect to the alleged crime, nothing incriminating was recovered from the possession of this petitioner and after his arrest he was not put on Test Identification Parade and he has been languishing in jail since 09.12.2020. Further submission is that against the petitioner there are five other criminal cases in which he is on bail. Learned APP appearing for the State has opposed the bail prayer.
Heard both the sides and perused the FIR. Learned counsel for the petitioner has mainly taken the plea that in respect of involvement of petitioner in the alleged crime, the prosecution is mainly relying upon the confessional statement of co-accused Sunil Sah and except this there is no other material or evidence against the petitioner to connect him with the alleged crime of loot and in this regard the learned counsel has drawn the attention of this Court to the order of learned Court below. After having perused the order of learned Court below I find substance in the said plea and it also appears that the investigation has been completed and petitioner's case is at initial stage of trial and he has been released on bail in respect of other criminal cases which are shown as his criminal antecedent. Accordingly, in my view a
Patna High Court CR. MISC. No.22091 of 2022(2) dt.20-07-2022 3/3 lenient approach can be taken in respect of petitioner's prayer let the petitioner 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 concerned Court in Connection with Begusarai (Muffasil) P.S. Case No. 553 of 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 below and shall remain physically present as directed by the Court below 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) One of the bailers shall be close a relative of the petitioner who has sworn affidavit in this miscellaneous petition. (Shailendra Singh, J) sangam/- U T