Chandan Kumar @ Chhota Chandan v. The State Of Bihar

Patna High Court Cr.Misc. No.26975 of 2016 (4) dt.30-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26975 of 2016 Arising Out of PS.Case No. -39 Year- 2015 Thana -BALIGAON District- VAISHALI(HAJIPUR) ====================================================== Chandan Kumar @ Chhota Chandan S/o Kanhai Sah, resident of village Ghataro, P.S. Kartahan, District Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Ranjan No.II, Advocate For the Opposite Party/s : Mr. Rajendra Singh Shastriji, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-08-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 435, 427, 387, 506 of the I.P.C. as well as Section 27 of the Arms Act and Section 17 of the C.L.A. Act.

The prosecution story, in brief, is that on 23.6.2015 at about 1.30 A.M. the informant got information by Noor Mohammad and Jaldhari Yadav that there are 20-25 Maoist came at his Chimni, where he was Manager and after sprinkling the kerosene oil on tractor they had gone on the Chimni of Baidhnath Sah and they also made fire in two tractors due to non-fulfilment of levy demanded by the Maoist.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.26975 of 2016 (4) dt.30-08-2016 the petitioner is in custody since 23.11.2015 and the charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come on the confessional statement of the co-accused. There is no direct or indirect evidence against the petitioner. The other co-accused have been granted bail vide Annexure-2 to the present application. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. XII, Vaishali at Hajipur in connection with Baligaon P.S. case No.39 of 2015.

(Sudhir Singh, J) Narendra/- U T