Chandan Kumar @ Chandan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20734 of 2019 Arising Out of PS. Case No.-203 Year-2018 Thana- LAKHISARAI District- Lakhisarai ====================================================== CHANDAN KUMAR @ CHANDAN MANDAL S/o Ramjee Mandal Resident of Naya Tola Ward No. 12, Presently residing in the House of Darogi Mandal, P.S.- Lakhisarai, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-05-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Lakhisarai P.S. Case No. 203/2018, instituted for offence under Section(s) 341, 324, 326, 307 and 34 of the Indian Penal Code read with Section 27 of the Arms Act.

Earlier prayer for bail of petitioner was rejected by this Court in Cr. Misc. No. 56300/2018 dated 09.10.2018 with liberty to renew the prayer for bail after six months if no substantive progress is made in trial.

It is alleged in the written report that on the date of occurrence Amit Kumar caused firearm injuries in the hand and thigh of the informant. The informant started running away, then this petitioner along with co-accused Murari Yadav made firing

Patna High Court CR. MISC. No.20734 of 2019(4) dt.08-05-2019 2/3 which hit in the left and right side of waist of the informant. Thereafter informant fell down near the house. Injury report of informant is available in case diary wherein doctor has found three injuries on the person of injured. From the written report it appears that allegation against this petitioner is that he along with Murari Yadav made firing which hit in the left and right side of waist of informant. Therefore, no specific allegation can be attributed against this petitioner.

Petitioner is in custody since 16.05.2018.

The report with regard to present stage of trial has been received.

From report it appears that charge has not even been framed against the petitioner.

In such circumstances, prayer of the petitioner for grant of bail is allowed. 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 the learned Chief Judicial Magistrate, Lakhisarai, in connection with Lakhisarai P.S. Case No. 203/2018, subject to the conditions that (i) both the bailors shall be the close relative of the petitioner.

(ii) petitioner shall be present on each and

Patna High Court CR. MISC. No.20734 of 2019(4) dt.08-05-2019 3/3 every date fixed by the court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner and (iii) if petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J) rakhi/- U T