Patna High CourtCR. MISC./45398/2023bail granted

Chandan Chaudhary v. The State Of Bihar

2023-07-31Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45398 of 2023 Arising Out of PS. Case No.-275 Year-2023 Thana- SASARAM NAGAR District- Rohtas ====================================================== CHANDAN CHAUDHARY SON OF JIUT CHAUDHARY RESIDENT OF MOHALLA- SAPULLAHGANJ PS- SASARAM (T) DISTRICT- ROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashikant, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks bail, who is in custody since 29.04.2023, in connection with Sasaram (T) P.S. Case No. 275 of 2023, F.I.R. dated 31.03.2023 registered for the offences punishable under Sections 147, 148, 149, 188, 153A, 341, 342, 323, 337, 338, 353, 307, 427, 435, 436, 504, 505, 506 of the Indian Penal Code, Section 27 of the Arms Act and later on Section 302 of the Indian Penal Code was added.

3. As per prosecution case, there are several persons between two communities. It is further alleged that due to communal disharmony they assaulted many people.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely

2/4 implicated in the present case. He further submits the petitioner is not named in the F.I.R. and merely on the basis of suspicion the petitioner has been arrested in the present case and nothing has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence. He further submits that co-accused persons namely Md. Sahkir @ Md. Sakir, Manzar Hussan and Md. Shadik Akhtar @ Sidki Akhtar have been granted bail by a Coordinate Bench of this Court vide order dated 14.07.2023 passed in Cr. Misc. No. 41274 of 2023 and its analogous case, another co-accused person namely Nagina Bind has been granted bail by a Coordinate Bench of this Court vide order dated 21.07.2023 passed in Cr. Misc. No.

40435 of 2023, another co-accused person namely Aftab Alam @ Popat has been granted bail by a Coordinate Bench of this Court vide order dated 21.07.2023 passed in Cr. Misc. No. 42157 of 2023, another co-accused person namely Kaushal Kumar has been granted bail by a Coordinate Bench of this Court vide order dated 24.07.2023 passed in Cr. Misc. No. 43794 of 2023, He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 29.04.2023.

5. The learned Additional Public Prosecutor for the

3/4 State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sasaram in connection with Sasaram (T) P.S. Case No. 275 of 2023, subject to 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 on 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 witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the

4/4 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T