Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70471 of 2018 Arising Out of PS. Case No.-99 Year-2018 Thana- KHARIK District- Bhagalpur ====================================================== Chandan Kumar Son of Shambhu Mandal Resident of VillageJamaldipur,Police Station-Kharik,Distt.-Bhgalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Pandey For the Opposite Party/s :

Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Kharik P.S. Case No. 99 of 2018 registered for the offence punishable under Section 392 of the Indian Penal Code.

Informant in his written complaint has stated that when he was on his way to his house and reached near Nawada Hat, then three unknown miscreants came and on the point of pistol forcefully took the motorcycle, snatched Rs. 20,000/-, and one mobile phone.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on suspicion. Nothing has been recovered from the possession of the petitioner. Similarly, situated co-accused person namely Dilip Mandal who is named in the FIR has been granted bail by

Patna High Court Cr.Misc. No.70471 of 2018(3) dt.11-12-2018 2/2 a co-ordinate bench of this Court vide order dated 26.10.2018 in Criminal Miscellaneous No. 63794 of 2018. Petitioner has got no criminal antecedent and is in custody since 03.08.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned ACJM-1st, Naugachia, Bhagalpur, in connection with Kharik P.S. Case No. 99 of 2018, with following 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 the Court and his absence on two consecutive dates without sufficient reason, 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) ranjan/- U