Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27829 of 2023 Arising Out of PS. Case No.-320 Year-2022 Thana- BUNIYAD GANJ District- Gaya ====================================================== Chandan Kumar Son Of Nagendra Kumar Resident Of Village- Tadwan, PsKadirganj, Previously Masuarhi, Po- Devan, Distt- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Bhim Sen Prasad, Adv.

For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-06-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Buniyadganj P.S. Case No. 320 of 2022 dated 30.09.2022 lodged under Section 386 of the I.P.C.

As per the prosecution case, the present F.I.R. has been lodged against unknown accused persons against whom allegation of threat to the informant is there. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Learned counsel submits that petitioner has not been arrested rather he was remanded in this case.

Patna High Court CR. MISC. No.27829 of 2023(2) dt.07-06-2023 2/3 Counsel further submits that nothing incriminating was recovered from the possession of the petitioner nor he was put on T.I.P. Counsel submits that petitioner is in custody since 15.10.2022. Counsel further submits that there is one criminal case pending against the petitioner in which he is on bail. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -VIII, Gaya in connection with Buniyadganj P.S. Case No. 320 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the

Patna High Court CR. MISC. No.27829 of 2023(2) dt.07-06-2023 3/3 petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T