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Patna High CourtCR. MISC./2525/2017bail granted

Chandan Singh @ Raunak Singh v. The State Of Bihar

2017-03-07Mr. Justice Jitendra Mohan Sharma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2525 of 2017 Arising Out of PS.Case No. -187 Year- 2016 Thana -LALIT NARAYAN UNIVERSITY DistrictDARBHANGA ====================================================== Chandan Singh @ Raunak Singh, Son of Pramod Singh, Resident of Village- Godhiyari, Police Station- Bishanpur, District- Darbhanga. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Lal Babu Singh For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-03-2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor.

The petitioner prays for regular bail for the offences under Sections 394, 324, 307 of Indian Penal Code and Section 27 of Arms Act.

Allegedly, when the informant and his brother were returning to their house on motorcycle then four persons on two motorcycle intercepted them and snatched his bag containing Rs. 1,25,000/-. The brother of the informant namely Binod Swaika raised alarm and chased criminals. Then, the criminals fired which hit on the head of Binod SWaika and lateron, he died during treatment. Submission is of false implication and that the petitioner is not named in the F.I.R., no incriminating article has been

Patna High Court Cr.Misc. No.2525 of 2017 (3) dt.07-03-2017 2/3 recovered from possession of the petitioner, the police has taken the signature of the petitioner on plain paper and has converted the same into alleged confessional statement of the petitioner, besides confessional statement there is nothing against the petitioner, recovery of two broken Idea sims, one broken Telenor sim, one sim of Apple phone, one black colour Pulsar motorcycle and cash of Rs. 3500/- is in no way connected with the crime and without any legal material, charge-sheet has been submitted against the petitioner and others, petitioner is in custody since 21.08.2016, he has passed the I.Sc examination held in the month of February, 2016, petitioner is sports person and he has represented Bihar State in Kho-Kho and Kabbadi and as such, he deserves sympathetic consideration. Learned A.P.P. opposed the prayer for bail by submitting that the petitioner is involved in the alleged crime and motorcycle and mobile phone have been recovered from possession of petitioner also.

In the facts and circumstance stated above, considering that co-accused namely Hari Sahni, Md. Irshad and Lalit Sharma have already been granted bail by different co-ordinate Benches of this Court and as such, the petitioner abovenamed is directed to be released on bail on execution of bail bond of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with LNMU PS case no. 187 of 2016 subject to the

Patna High Court Cr.Misc. No.2525 of 2017 (3) dt.07-03-2017 3/3 conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from the privilege of bail.

(Jitendra Mohan Sharma, J.) rinkee/- U T