Chandan Rai @ Chandan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34775 of 2022 Arising Out of PS. Case No.-245 Year-2017 Thana- SONBERSA District- Sitamarhi ====================================================== Chandan Rai @ Chandan Ray Son Of Lakshmi Ray Resident Of Village - Naranga, P.S.- Bela, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parwej Khan, Adv.

For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-09-2022 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 Sonbarsa P.S. Case No. 245 of 2017 lodged under Section 392 of the I.P.C.

As per the prosecution case, the allegation of robbery is there against 3 unknown persons.

Learned counsel for the petitioner submits that the name of petitioner has figured in this case by virtue of the confessional statement of the co-accused. He further submits that petitioner is in custody since 21.03.2022, charge sheet has already been filed. He further submits that there are 3 criminal

Patna High Court CR. MISC. No.34775 of 2022(2) dt.17-09-2022 2/3 antecedent of the petitioner, out of 3 in rest 2 cases he is on bail. Learned counsel for the petitioner further and specifically mentioned in para 3 itself that in the order sheet, the allegation of 5 criminal cases pending is wrongly mentioned and he has corrected in para 3 that only 3 cases are pending against him and in one case, he has been acquitted.

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 Chief Judicial Magistrate, Sitamarhi in connection with Sonbarsa P.S. Case No. 245 of 2017, 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

Patna High Court CR. MISC. No.34775 of 2022(2) dt.17-09-2022 3/3 file affidavit before the court about his relationship with the 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) sadique/- U T