Chandragupt Ram @ Chandragupt Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36312 of 2023 Arising Out of PS. Case No.-622 Year-2021 Thana- MUFFASIL District- West Champaran ====================================================== Chandragupt Ram @ Chandragupt Kumar S/O Late Harinarayan Ram R/O Mohalla- Ambedkar Colony, Baswariya, P.S- Bettiah Town, Distt.- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raushan Raj, Adv.

For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-06-2023 Let the defect(s), if any, be removed within two weeks from today.

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

3. The petitioner seeks regular bail in connection with Bettiah Mufassil P.S. Case No. 622 of 2021 registered on 31.10.2021 lodged under Sections 382, 401, 413, 414 of the I.P.C. and 25(1-b)a/26/35 of the Arms Act.

4. As per the prosecution case, F.I.R. has been lodged against five named accused persons including the petitioner.

5. Counsel for the petitioner submits it is true that F.I.R. has been lodged against five named accused persons but it is also true that petitioner was not apprehended from the place

Patna High Court CR. MISC. No.36312 of 2023(2) dt.24-06-2023 2/3 of occurrence and petitioner's name was brought in this by the Police only and only due to the reason that there are seven cases pending against the petitioner, whose details are in paragraph no. 3. Counsel further submits that he is not aware about the fact that what progress has been made in all the above said seven cases.

6. Counsel further submits that petitioner is innocent and has committed no offence as neither any case of Arms Act has been made against the petitioner, as he was not present at the place of occurrence, nor any arms were recovered from his possession. He further submits that petitioner is in custody since 22.01.2023 having seven criminal cases pending against him and charge-sheet has already been filed in this case.

7. Learned counsel for the State opposes the prayer for bail.

8. 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, Bettiah, West Champaran in connection with Bettiah Mufassil P.S. Case No. 622 of 2021, subject to the conditions as laid

Patna High Court CR. MISC. No.36312 of 2023(2) dt.24-06-2023 3/3 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 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.

9. With this observation, the bail application stands allowed.

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