Chandan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57271 of 2022 Arising Out of PS. Case No.-5 Year-2020 Thana- HAJIPUR RPF/POST District- Saran ====================================================== CHANDAN DAS Son of Chandeshwar Das R/V- Bihwarpur P.OMadhurapur, P.S- Bidupur Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh,Advocate For the Opposite Party/s :

Mr.Ajit Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-01-2023 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in connection with (Hajipur) HJP/RPF P.S. Case No. 05 of 2020 for the offence registered under Section 3 R.P (U.P) Act of the Indian Penal Code.

As per the prosecution story, the informant alleged that the accused persons took away the battery of the diesel power car and accordingly, the FIR was lodged. During investigation, one Badari Poddar was picked up and on his confession, the battery was recovered from a place buried under the sand. He further confessed and gave the name of this petitioner and as such, he also came within the police net.

Patna High Court CR. MISC. No.57271 of 2022(2) dt.23-01-2023 2/3 Learned counsel for the petitioner submits that he do not have criminal antecedent, due to inimical terms, Badari Poddar named him, nothing incriminating has been recovered from his house and is ready to abide by all the terms and conditions imposed by this Court.

Considering the aforesaid facts as also the fact that he do not have criminal antecedent, this Court is inclined to grant him privilege of anticipatory bail.

Let the petitioner, in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Court of Railway Judicial Magistrate, Sonepur, Saran in connection with (Hajipur) HJP/RPF P.S. Case No. 05 of 2020 subject to condition as laid down under Section 438(2) of the Cr.P.C with further conditions:

(i) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;

(ii) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty

Patna High Court CR. MISC. No.57271 of 2022(2) dt.23-01-2023 3/3 to take steps for cancellation of the bail bonds. (iii) the petitioner shall co-operate in the investigation and made himself available to the police as and when required; (iv) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself.

(Rajiv Roy, J) Jagdish/- U T