Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72212 of 2018 Arising Out of PS. Case No.-714 Year-2017 Thana- BIHTA District- Patna ====================================================== Chandan Kumar, S/o Bhushan Prasad, Resident of Village- Samasthu Asthan, Police Station Bihta, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nachiketa Jha, Advocate For the Opposite Party/s :

Mr. Sri Mukeshwar Dayal (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Bihta P.S. Case No. 714 of 2017 registered for the offences punishable under Sections 25(1-B)A/26/35 of the Arms Act.

Earlier the bail petition of petitioner was rejected vide order dated 07.02.2018 passed in Cr. Misc. No. 7253 of 2018 with liberty to renew his prayer for bail after two months of framing of charge.

It has been submitted on behalf of the petitioner that the charges have been framed on 16.08.2018 as contained in Annexure-3 of this petition.

Considering the aforesaid fact and circumstances of

Patna High Court Cr.Misc. No.72212 of 2018(3) dt.17-12-2018 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate at Danapur, DistrictPatna, in connection with Bihta P.S. Case No. 714 of 2017, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T