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Patna High CourtCR. MISC./25342/2019allowed

Chandan Kumar v. The State Of Bihar

2019-06-27Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25342 of 2019 Arising Out of PS. Case No.-590 Year-2018 Thana- ARA NAWADA District- Bhojpur ====================================================== CHANDAN KUMAR Son of Manoj Singh Resident of Village- Jitwadih, P.S.- Nawa Nagar, District- Buxar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-06-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 414 of the Indian Penal Code and Sections 25(1-b)a, 26/35 of the Arms Act. It has been submitted on behalf of the petitioner that he is innocent, not named in the F.I.R. and nothing has been recovered from the possession of the petitioner. He submits that the similarly situated co-accused has already been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 11271 of 2019 on 21.05.2019.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of

Patna High Court CR. MISC. No.25342 of 2019(5) dt.27-06-2019 2/2 the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Nawadah Police Station Case No. 590 of 2018, subject to the conditions:

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

(II) 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. (III) 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. (Anjani Kumar Sharan, J) devendra/- U T