Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56965 of 2022 Arising Out of PS. Case No.-343 Year-2022 Thana- RAMPUR District- Gaya ====================================================== Chandan Kumar Son of Schidanand Yadav Resident of Village- Jehli Bigha, P.S.- Atri in the District of Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Braj Nandan Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Rampur P.S. Case No. 343 of 2022 lodged under Sections 414/ 34 of the I.P.C.

As per the prosecution case, the F.I.R. has been lodged against the petitioner alleging that he was apprehended from place of occurrence and found in possession of motorcycle whose document was not available with him.

Learned counsel for the petitioner submits that there is one criminal case pending against the petitioner in which he is on bail. He further submits that the Sections under which the

Patna High Court CR. MISC. No.56965 of 2022(3) dt.24-02-2023 2/3 case has been lodged is magisterial triable in nature. Counsel submits that petitioner is in custody since 11.07.2022. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Gaya in connection with Rampur P.S. Case No. 343 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal

Patna High Court CR. MISC. No.56965 of 2022(3) dt.24-02-2023 3/3 activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T