Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19568 of 2020 Arising Out of PS. Case No.-469 Year-2019 Thana- TEKARI District- Gaya ====================================================== CHANDAN KUMAR Son of Prem Kumar @ Prem Prakash Resident of Village-Sirisiya Bigha, P.S.-Noorsarai, District-Nalanda (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Narayan Brahmachari For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 392 of the Indian Penal Code.

Allegedly, in course of coming from Chapra, in the way, empty truck of the informant was looted away by miscreants. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. Charge sheet/Prosecution report in this case has already been submitted. The

Patna High Court CR. MISC. No.19568 of 2020(3) dt.03-09-2020 2/2 petitioner is in custody since 23-12-2019. The name of the petitioner has come in this case in course of investigation. The looted truck, in question, is said to have been recovered from the garage of the petitioner. It has been submitted that the procedure of Section 100 Cr.P.C. was not followed as the seizure list witnesses are the Police person and the informant himself. It has further been submitted that the petitioner may be released after completion of one year in custody.

Considering the aforesaid facts and circumstances and also the lockdown, it is directed that after completion of one year in custody, the petitioner, above named, be released on bail on his personal bond to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Gaya in connection with Tekari P.S. Case No. 469 of 2019.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case. (Sudhir Singh, J) A.K.V.//- U T