Chandan Rai @ Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8098 of 2017 Arising Out of PS.Case No. -194 Year- 2012 Thana -MOHIUDDIN NAGAR DistrictSAMASTIPUR ====================================================== Chandan Rai @ Chandan Kumar Son of Late Radhe Rai Resident of Village- Ajnoul Dhelmara, P.S.- Dalsingsarai, District- Samastipur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. S.N.P. Sinha, Sr. Adv Mr. J. N. Sinha, Adv For the State : Mr. Manish Kumar- 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The Petitioner seeks bail in Mohiuddinagar P.S. Case No. 194 of 2012 instituted for the offence under Section(s) 420, 379, 34 of the Indian Penal Code.
It has been submitted on behalf of the petitioner that initially petitioner was informant in this case lodged in the year 2012. The case was lodged by the petitioner stating that on 08.11.2012 he had gone to Barahia to drop Nikesh Kumar Jha, son of the owner of the vehicle. He reached at about 3:00 P.M to Dalsing Sarai market and met his friend Prashant Kumar and others who requested the petitioner to drop them to
Patna High Court Cr.Misc. No.8098 of 2017 (3) dt.04-04-2017 2/3 Vidyapatinagar railway station. When the petitioner reached Vidyapatinagar railway station, one Manish Kumar, friend of coaccused Prashant Kumar and one other person sat in the vehicle and co-accused Prashant Kumar requested the petitioner to drop him to Mahnar and on the way from Mahnar to Mohiuddinagar, when they reached near Mohiuddinagar, this petitioner went down from Bolero for passing urine, the accused persons fled away with Bolero vehicle.
The case has been registered in the year 2012 on the basis of statement of this petitioner. During investigation, on the basis of further statement of owner of the vehicle as appears from para 100 of the case diary, the name of this petitioner has been included in the accused column and petitioner has been arrested.
Learned A.P.P., after going through the case diary has submitted that name of this petitioner has come in para 100 of the case diary after about three years on the basis of statement of owner of the vehicle. Similar facts find mention in the order of the Sessions Judge.
The petitioner is said to be in custody since 14.07.2016.
In the facts and circumstances of the case,
Patna High Court Cr.Misc. No.8098 of 2017 (3) dt.04-04-2017 3/3 prayer of the petitioner for grant of bail is allowed. Let the Petitioner, above named, be released on bail on furnishing bail bond of 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, IV, Samastipur in connection with Mohiuddinagar P.S. Case No. 194 of 2012, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) Shageer/- U T