Chandan Patel @ Chandan Kumar @ Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44393 of 2019 Arising Out of PS. Case No.-163 Year-2019 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Chandan Patel @ Chandan Kumar @ Sujit Kumar Son of Mundrika Prasad Resident of Amlori, P.S.- Muffasil, Distt - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajkumar Rajesh, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-02-2020 Heard learned counsel for the parties.

Petitioner apprehends his arrest in a case registered for the offence punishable under sections 272, 273 and 308 of the I.P.C., sections 25(1-B) A, 26 and 35 of the Arms Act and sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act. It has been submitted on behalf of the petitioner that the present case is false and fabricated and petitioner has falsely been implicated in this case on the basis of confessional statement of co-accused. It has further been submitted that nothing has been recovered from the conscious possession of the petitioner and he has no concern with the alleged recovery. It has further been submitted that in fact arms have been recovered from co-accused Prem Gere @ Pram Parvat.

Patna High Court CR. MISC. No.44393 of 2019(7) dt.19-02-2020 2/2 Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of his arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ADJ-II-cumSpecial Judge, Excise Act, Siwan in connection with Muffassil P.S. Case No. 163 of 2019, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) S.Katyayan/- U T