Patna High CourtCR. MISC./36549/2022bail granted

Chandan Kumar v. The State Of Bihar

2022-09-19Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36549 of 2022 Arising Out of PS. Case No.-129 Year-2022 Thana- BAISI District- Purnia ====================================================== Chandan Kumar, Son of Rambilas Sah Resident of Routara ward No. 4 P.s.- Routara, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nadimul Hasan, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-09-2022 Heard learned counsel for the petitioner and the learned APP for the State.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Baisi P.S. Case No.129 of 2022 instituted under Sections 411, 413, 414/34 of the Indian Penal Code.

As per the prosecution story, the police upon information raided the place near tea shop and 3-4 stolen motorcycles were recovered/seized. The accused persons present there and also taken into custody, the petitioner be one of them.

Learned counsel for the petitioner submits that he was thereto catch a bus, the bus stand was nearby, on suspicion he was arrested, is in custody since 07.04.2022.

Patna High Court CR. MISC. No.36549 of 2022(2) dt.19-09-2022 2/3 Learned APP on the other hand submits that in the confessional statement his name has cropped and he cannot escape his responsibility from the seizure of the said recovery of the stolen motorcycle.

Be that as it may, the petitioner is in custody since 07.04.2022, charge-sheet stands submitted and ultimately he has to face the Trial.

Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Baisi P.S. Case No.129 of 2022 to the satisfaction of learned Chief Judicial Magistrate, Purnea, subject to following conditions: (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail by the Trial court itself; (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his presence;

Patna High Court CR. MISC. No.36549 of 2022(2) dt.19-09-2022 3/3 (iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T