Chandan Kumar @ Chandan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48772 of 2018 Arising Out of PS.Case No. -340 Year- 2017 Thana -MINAPUR District- MUZAFFARPUR ======================================================

1. Chandan Kumar @ Chandan Sah S/o Vindeshwar Sah Resident of Village Pakhuaha Jitwar, P.S. Minapur District Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-10-2018 The petitioner seeks regular bail in connection with Minapur P.S. Case No. 340 of 2017, registered for offences punishable under Sections 121, 121A, 120B of the Indian Penal Code and Section 25(1-B)A, 25(1-AA), 25(1-AAA) 26 and 35 of the Arms Act and Section 3, 4 and 5 of Explosive Substance Act and Section 16, 18, 18(A), 18(B), 19 and 20 of U.A.P. Act. Prosecution case is that the informant - S.I. of Panapur Police Station on information that naxalites have assembled and are convening meeting, raided the place and succeeded in apprehending four accused persons and recovered arms and ammunitions and from the possession of the petitioner one loaded country made pistol and one cartridge was recovered. Apart from that petitioner is an accused in one more case.

It appears that earlier the prayer for bail of the petitioner was rejected vide order dated 18.04.2018 passed in Cr. Misc. No. 9638 of 2018.

It has been submitted on behalf of the petitioner that he has been in judicial custody for more than one year and other coaccused, who were apprehended along with the petitioner have already been enlarged on bail by the then Coordinate Bench of this Court vide order dated 20.02.2018 passed in Cr. Misc. No. 3812 of 2018 and vide order dated 27.02.2018 passed in Cr. Misc. No. 11282 of 2018.

Heard learned A.P.P. also.

Having heard both sides, considering the aforementioned facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000, (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge -cum - Special Judge, Muzaffarpur, in connection with Minapur P.S. Case No. 340 of 2017, with following conditions:- (i) One of the bailors of the petitioner shall be his father and another shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence (iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail (Vinod Kumar Sinha, J) sunil/- U T