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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59008 of 2021 Arising Out of PS. Case No.-139 Year-2021 Thana- AMARPUR District- Banka ====================================================== CHANDAN DAS @ CHANDAN KUMAR DAS Son of Vineshwari Das Resident of Village- Amarpur, Ward No. 5, P.S.- Amarpur, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-03-2022 Heard learned counsel for the petitioner and Kumar Virendra Narayan learned A.P.P. for the State. The petitioner seeks bail in connection with Amarpur P.S. Case No. 139 of 2021 instituted for the offences under Sections 395 and 412 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 22.07.2021, charge-sheet has been submitted in the case and has antecedent of two case. Learned counsel for the petitioner submits that the informant alleges that a countrymade pistol along with three live cartridges were recovered from the Vishal Gayn @ Vibhu, who disclosed the name of the petitioner as accused who fled on seeing the police.

Leaned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.59008 of 2021(2) dt.09-03-2022 2/2 petitioner was not apprehended from the spot as such nothing was recovered from his possession and his name came in the confessional statement of co-accused which has no evidentiary value.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 22.07.2021, charge-sheet has been submitted in the case, petitioner was not arrested from the spot and the name came on the confessional statement of co-accused, let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 139 of 2021, subject to condition that one of the bailor shall be the father of the petitioner, namely, Vindeshwari Das. (Satyavrat Verma, J) Jagdish/- U T