Dipak Kumar Chandravanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43602 of 2021 Arising Out of PS. Case No.-195 Year-2021 Thana- SASARAM NAGAR District- Rohtas ====================================================== DIPAK KUMAR CHANDRAVANSHI Son of Dadan Prasad Resident of Mohalla- Mahajan Toli Sasaram, P.S.- Sasaram (Town), District- Rohtas. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Abhinay Raj, Advocate For the Opposite Party/s :

Ms. Asha Devi, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-02-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 14.03.2021, seeks regular bail in connection with Sasaram Town Darigaon P.S. Case No. 195 of 2021, for the offence punishable under Section 395 of the Indian Penal Code.

The prosecution case, in brief, is that accused persons named in the F.I.R., including the petitioner, stopped the truck bearing registration No. JH-02N-9721 on the point of pistol and unseated the driver and khalasi of the said truck. Thereafter, they snatched money and mobile from the informant and co-driver and forced them to seat in the Brezza car and blind folded them, however, they were dropped near Mundeshwari Hotel, Maharania.

Patna High Court CR. MISC. No.43602 of 2021(2 ) dt.01-02-2022 2/3 Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that the from the F.I.R. it cannot be ascertained that the accused, whose name has been alleged are the same person or different persons. However, no T.I.P. has been conducted to ascertain the identity of the petitioner. The petitioner is in custody since 14.03.2021. However, the said truck was recovered beside the road near the temple along with the looted material. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner. He further submits that petitioner is well known in the area and he has abducted the driver and khalasi of the said truck and then looted the truck, which was loaded with sponge of iron.

Considering the aforementioned facts and circumstances of the case, the truck was recovered beside the road near the temple along with the looted materials, there is no allegation of tampering of evidence or influencing the witnesses, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas, Sasaram in connection with Sasaram Town Darigaon P.S. Case No. 195 of 2021, subject to the condition that the petitioner will appear before the S.H.O. of the concerned Police Station on each Saturday at 9.00 A.M and the S.H.O is required to

Patna High Court CR. MISC. No.43602 of 2021(2 ) dt.01-02-2022 3/3 send attendance of the petitioner, on monthly basis, to the Superintendent of Police, Rohtas, Sasaram till conclusion of the trial, if there is even a single day default, the bail bonds of the petitioner shall, automatically, be cancelled as well as subject to the 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.

(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.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T