Chandan Kumar @ Bholi Kumar @ Bhola Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4948 of 2021 Arising Out of PS. Case No.-373 Year-2020 Thana- MASAUDHI District- Patna ====================================================== CHANDAN KUMAR @ BHOLI KUMAR @ BHOLA KUMAR S/o Bijendra Prasad Resident of Bhergama, P.S. - Dhanarua, Dist. - Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Rajesh Mohan, Advocate For the Opposite Party/s :

Mr.BN Pandey, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-06-2021 This matter is taken up for consideration through Video Conferencing.

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 387 and other ancillary sections of the Indian Penal Code and sections 66A and 66C of the IT Act.

As per the prosecution case, some unknown miscreants made phone call to the informant and demanded Rs.6 lacs as rangdari.

Learned counsel for the petitioner submits that the petitioner has been implicated in this case on the basis of confessional statement of co-accused Ravi Raj @ Afat. Test Identification Parade has not been carried out till date. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.4948 of 2021(4) dt.22-06-2021 2/3 possession of the petitioner. Petitioner has claimed clean antecedent and he is in custody since 15.6.2020. Similarly situated co-accused Madhir Kumar has already been allowed bail by a co-ordinate bench of this Court vide order dated 10.2.2021, passed in Cr.Misc.No. 33496/2020.

Considering the rival submissions of the parties, materials available on the record and the fact that no incriminating material has been collected against the petitioner, he has got clean antecedent, 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 Sub Divisional Judicial Magistrate Masaurhi (Patna) in Masaurhi Police Station Case No. 373 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

Patna High Court CR. MISC. No.4948 of 2021(4) dt.22-06-2021 3/3 for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T