Chandan Sahni @ Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46708 of 2019 Arising Out of PS. Case No.-69 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== Chandan Sahni @ Chandan Kumar Son of Nandu Sahni @ Vishwnath Sahni Resident of Mohalla- Sikendarpur Kundal, P.S.- Town, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anish Kumar, Advocate For the Opposite Party/s :
Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Minapur P.S. Case No. 69 of 2019, registered for the offences punishable under Sections 395, 397, 412 of the Indian Penal Code and sections 25(1-b)a, 26 and 35 of the Arms Act.
As per the F.I.R, on 16.02.2019 at 7.00 in the evening while the informant was returning to his home on his motorcycle, three persons on one motorcycle and two persons on another motorcycle overtook and pushed the informant as a result of which, he fell down. On the point of pistol, they snatched Rs. 6000/- from his possession and started fleeing away after taking his motorcycle. One person was apprehended by the police, who disclosed his name as, Chandan Kumar @ Chandan Sahani (petitioner) and from his possession one pistol
Patna High Court CR. MISC. No.46708 of 2019(3) dt.25-09-2019 2/3 without magazine, mobile and motorcycle was recovered. It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case due to village politics. In fact, the petitioner was not apprehended on the spot. Entire allegation is false and baseless. Nothing has been recovered from conscious possession of this petitioner rather police forcibly took signature of this petitioner on a blank paper. Charge-sheet has already been submitted. Petitioner is in custody since 18.02.2019.
Considering the facts aforesaid, the petitioner abovenamed, is directed to 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 the learned Chief Judicial Magistrate, Muzaffarpur in connection with Minapur P.S. Case No. 69 of 2019 (G.R. No. 815 of 2019), subject to the following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
Patna High Court CR. MISC. No.46708 of 2019(3) dt.25-09-2019 3/3 (ii) 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. (Prabhat Kumar Singh, J) vinita/- U T