Chandra Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35936 of 2019 Arising Out of PS. Case No.-509 Year-2018 Thana- PHULWARISHARIF District- Patna ====================================================== CHANDRA CHAUHAN Son of Devdas Resident of Nariyal Talab, P.S.- Phulgawan, District- Satana (M.P.), at present - Ramna Maidan, Near Court Stand, P.S.- Nawada, District- Bhojpur( Ara) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kr Singh No.1 For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 30-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 24.09.2018 in connection with Phulwari Sharif P.S. Case No. 509 of 2018 for the offence registered under Sections 457 and 380 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is not named in the first information report as it is against unknown persons but subsequently, one Banti Kanchhi Patel was remanded in connection with the present case, who took the name of the petitioner in his confessional statement made before the police and thereafter, the petitioner has also been remanded. It is further submitted that the only reason that

Patna High Court CR. MISC. No.35936 of 2019(4) dt.30-09-2019 2/3 the name of the petitioner has been brought in is because he was residing in the back portion of his house in which the alleged robbery was committed. It is further submitted that save and except the confessional statement made before the police, there is no material in the case diary to implicate the petitioner in connection with the present case and the said Banti Kanchhi Patel has since been extended the privilege of bail in Cr. Misc. No. 22518 of 2019 vide order dated 31.07.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Phulwarisharif P.S. Case NO. 509 of 2018.

1. One of the bailors will be his own blood relative, preferably, father, mother, son, brother, sister and/or his wife.

2. The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

3. The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court

Patna High Court CR. MISC. No.35936 of 2019(4) dt.30-09-2019 3/3 concerned.

4. The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Jagdish/- U T