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Patna High CourtCR. MISC./50499/2024bail granted

Chandan Kumar v. The State Of Bihar

2024-07-24Mr. Justice Harish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50499 of 2024 Arising Out of PS. Case No.-15 Year-2020 Thana- MAHESHKHUNT District- Khagaria ====================================================== Chandan Kumar Son of Satendra Prasad R/o Village- Nasirnachak, P.S.- Dhanrua, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Adv.

For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-07-2024 Heard learned Advocate for the petitioner and learned Additional Public Prosecutor for the State.

2. This is an application for grant of bail to the petitioner, who is in custody in connection with Maheshkhunt P.S. Case No. 15 of 2020, registered for the offences punishable under Section 392 of the Indian Penal Code.

3. Allegedly while the informant was cleaning his vehicle in the meantime 4-5 unknown miscreants arrived on a Scorpio and abducted the driver of the informant by tying his hands and legs. It is also alleged that the miscreants looted away the Scorpio of the informant and threw the driver in the field.

4. Learned Advocate for the petitioner contended that the alleged looted Scorpio was recovered in connection with Fatuha P.S. Case No. 83 of 2020 where the police apprehended

2/4 the petitioner along with other 5-6 persons. However, the petitioner has not been remanded in the present case though the subsequent case being Fatuha P.S. Case No. 83 of 2020 was instituted in the year 2020 itself. It is submitted that in fact the petitioner has been made accused in seven other criminal cases, the particulars of which have been mentioned in paragraph-3 of the application, moreover, in most of the cases the petitioner has been remanded after institution of the present case. It is also the contention of the petitioner that once the petitioner has been granted bail in all other cases; only thereafter he has been apprehended in connection with the present case and put behind the bar. It is next contended that the petitioner is in custody since 30.03.2024 and the investigation of the crime is complete and the chargesheet has been submitted.

5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that the petitioner has a long list of crime.

6. Regard being had to the submissions made on behalf of the parties and considering the fact that the vehicle which was the subject matter of the crime was recovered way back in the year 2020 but the petitioner has not been remanded in the present case, despite he was incarcerated in custody in

3/4 connection with other cases and now the investigation of the crime is complete and the chargesheet has been submitted, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Khagaria in connection with Maheshkhunt P.S. Case No. 15 of 2020, subject to the condition that one of the bailors shall be the own/close family members of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(v) 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 antecedent, the court below shall take immediate step for cancelling the bail

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

(Harish Kumar, J) Anjani/- U T