Chandan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47099 of 2022 Arising Out of PS. Case No.-157 Year-2021 Thana- KESARIA District- East Champaran ====================================================== CHANDAN SAH Son of Naga Sah R/V- Rampurwa, P.S- Dumariyaghat, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Adv.

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-09-2022 Heard the parties.

This is the second attempt for grant of regular bail on behalf of the petitioner inasmuch as earlier bail application of the petitioner was dismissed as withdrawn vide order dated 12.05.2022 passed in Cr. Misc. No. 53355/2021 with an observation that the petitioner may renew his prayer for bail after three months.

The FIR is against unknown and the name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, Ashok Yadav and on the basis of his self inculpatory confessional statement before the police. Learned counsel for the petitioner submits that none of the stolen article has been recovered from the possession of the petitioner and he has been made accused in this case only

Patna High Court CR. MISC. No.47099 of 2022(2) dt.14-09-2022 2/2 due to his criminal antecedent. He next submits that the petitioner is in custody since 21.05.2021 and the offence as alleged against this petitioner is triable by Magistrate. Regards being had to the submissions made by the parties and taking into consideration the fact that this is the second attempt for bail on behalf of the petitioner, he is in custody since 21.05.2021 and the offence as alleged against this petitioner is triable by Magistrate, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, namely, CHANDAN SAH be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate-East Champaran at Motihari in connection with Kesariya PS Case No. 157/2021, subject to the condition that the petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

(Anil Kumar Sinha, J) perwez U T