Chandan Kumar @ Chandan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3204 of 2021 Arising Out of PS. Case No.-655 Year-2020 Thana- PATRAKARNAGAR District- Patna ====================================================== Chandan Kumar @ Chandan Kumar Singh S/O Ramesh Singh Resident Of Didarganj, P.S. - Didarganj, District - Patna ... Petitioner

Versus

The State Of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Priyanka Singh, Advocate For the Opposite Party/s :

Mr.M Fahimuddin, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-09-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 399 and other ancillary section of the Indian Penal Code and section 25(1-b)a/26/35 of the Arms Act .

As per the prosecution case, on the disclosure made by co-accused persons police seized a car and on search petitioner and two other accused persons were found sitting and a loaded pistol was recovered from the possession of co-accused Banty Kumar while several mobile phones, ATM cards, pass books of the bank, cheques, etc. were recovered from the possession of petitioner and other accused person.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material nor any arms and ammunition has been recovered from the conscious possession of the petitioner and mobile phones, cheque books, ATM cards and

Patna High Court CR. MISC. No.3204 of 2021(4) dt.01-09-2021 2/2 owner book of the vehicle belong to him and his family members. He is in custody since 15.10.2020. Charge sheet has already been submitted.

Considering the rival submissions of the parties and the materials available on the record, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge XVIII, Patna in Patrakar Nagar Police Station Case No. 655 of 2020 on 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

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

(Prabhat Kumar Singh, J) Shashi U T