Chandradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45912 of 2019 Arising Out of PS. Case No.-37 Year-2019 Thana- SARE District- Nalanda ====================================================== Chandradeep Kumar, aged about 25 years, Gender, Male, Son of Late Sidheshwar Prasad, Resident of Village- Dayamchak, P.S.- Sare, DistrictNalanda. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Sinha For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-09-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act. Informant is a police officer who in his self-statement has stated that on 7.5.2019 while on patrolling duty, he saw some miscreants assembled in a primary school and planning to commit some crime and as he reached the place, miscreants tried to flee away, however, four were apprehended and from possession of the petitioner, one knife, one mobile, ATM card, cash of Rs.2,208/- and two live cartridges were recovered. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has

Patna High Court CR. MISC. No.45912 of 2019(3) dt.27-09-2019 2/2 further been submitted that two of the four apprehended have been granted bail by the court below. Petitioner is in custody since 08.05.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Sare P.S. Case No. 37/19 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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.

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

(S. Kumar, J) Sanjay/- U T