Chandan Kumar Singh @ Chandan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36767 of 2022 Arising Out of PS. Case No.-289 Year-2021 Thana- BAHADURPUR District- Darbhanga ====================================================== Chandan Kumar Singh @ Chandan Singh Son of Anil Kumar Singh @ Anil Singh Residence of Vill.- Ojhaul, P.S.- Bahadurpur, Dist.- Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kedar Jha, Advocate For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Bahadurpur P.S. Case No. 289 of 2021 registered for the offence under Sections 341/342/323/307/386/504/34 of the Indian Penal Code and 27 of Arms Act.
The accused/petitioner is named in the F.I.R. and is in custody since 08.10.2021.
The allegation against the petitioner is to demand a ransom of Rs. 5,000/- from the informant as he failed to give side on the road after giving a headlight signal by petitioner.
Patna High Court CR. MISC. No.36767 of 2022(2) dt.16-09-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that the name of the petitioner surfaced on the basis of disclosure made by apprehended co-accused namely Rakesh Yadav. It is further submitted that nothing incriminating recovered from the possession of petitioner which may incriminate him with present occurrence. It is also submitted that petitioner was not put on TIP, as yet. It is also submitted that the name of petitioner was involved in present case due to his criminal antecedent as he involved in eight more criminal cases where name of petitioner surfaced mostly on the basis of disclosure/confession, as of the present having no bearing on the merit of case. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, while opposing the prayer of bail, fairly conceded the fact that the petitioner is not apprehended on spot as per F.I.R.
Considering the facts and circumstances as mentioned above, as nothing incriminating surfaced/recovered from the possession of the petitioner to connect him with present occurrence, coupled with the fact that charge-sheet has been
Patna High Court CR. MISC. No.36767 of 2022(2) dt.16-09-2022 3/3 submitted, let the petitioner, above named, is directed to be released on bail in connection with Bahadurpur P.S. Case No. 289 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions Judge XIII, Darbhanga/concerned court, subject to the following conditions: "(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents. (ii) That one of the bailors shall be Kundan Kumar, who is the brother of the petitioner and deponent of the present bail petition."
(Chandra Shekhar Jha, J) Archana/- U T