Chandan Mallik @ Chandan Kumar Dhankar @ Chandan Kumar Mallik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76693 of 2018 Arising Out of PS. Case No.-41 Year-2018 Thana- ANDHRAMATH District- Madhubani ====================================================== Chandan Mallik @ Chandan Kumar Dhankar @ Chandan Kumar Mallik, S/o Ramlal Dhankar @ Ram Lal Dhankar, Resident of Village- Nirmali, P.S.- Nirmali, District- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :

Mr.Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Andharamath P.S. Case No. 41/2018 corresponding to G.R. No. 443 of 2018 registered for the offence punishable under Section 401 of the Indian Penal Code and 25(1-b)A 26/35 of the Arms Act.

Informant is the Police Officer, who in his self statement has stated that he received information that Chandan Mallik @ Chandan Kumar Dhankar (petitioner) and Md. Raju were planning to commit dacoity at Narhi Chowk, he reached there and on seeing police, both assembled there tried to escape but they were apprehended after chase. On search, one loaded country made pistol has been recovered from the possession of petitioner.

Patna High Court Cr.Misc. No.76693 of 2018(2) dt.20-12-2018 2/2 It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to village politics. Nothing has been recovered from the possession of petitioner. Petitioner is in custody since 25.04.2018. Considering the aforesaid facts 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 A.C.J.M., Jhanjharpur, District- Madhubani, in connection with Andharamath P.S. Case No. 41/2018 corresponding to G.R. No. 443 of 2018 subject to the conditions that:-

(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 his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(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) veena/- U T