Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69549 of 2018 Arising Out of PS. Case No.-547 Year-2017 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Chandan Kumar, S/o Nandu Sahani, R/o Mohalla- Sikandarpur, 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. Smt. Anita Kumari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Kanti P.S. Case No. 547 of 2017 corresponding to S.Tr. No. 325 of 2018 registered for the offences punishable under Sections 392 and 394 of the Indian Penal Code. Informant has alleged that on 18.12.2017 at about 05:45 P.M. when he was returning home on his motorcycle, he was intercepted by four miscreants on two motorcycles and thereafter accused persons assaulted him and snatched his motorcycle, purse containing 5,000/- rupees and other documents and fled away.

It has been submitted on behalf of the petitioner

Patna High Court Cr.Misc. No.69549 of 2018(2) dt.06-12-2018 2/3 that he is innocent and has falsely been implicated in this case. He is not named in FIR and nothing has been recovered from his possession. Name of the petitioner has been surfaced in this case on the basis of confessional statement of other co-accused persons, namely, Vijay Kumar @ Nanahki and Bittu @ Raja and except confession there is nothing against the petitioner. He is in custody since 29.1.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge, Muzaffarpur in connection with Kanti P.S. Case No. 547 of 2017 (S.Tr. No. 325 of 2018) subject to 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 Court and their absence on two consecutive dates without sufficient reasons, his bail

Patna High Court Cr.Misc. No.69549 of 2018(2) dt.06-12-2018 3/3 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) Rajiv/Manoj U T