Chandan Sah Alias Chandan Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72524 of 2021 Arising Out of PS. Case No.-412 Year-2018 Thana- SASARAM NAGAR District- Rohtas ====================================================== CHANDAN SAH ALIAS CHANDAN KUMAR GUPTA SON OF RAM ASHISH SAH @ RAM ASHISH GUPTA, R/O VILL. - BANSHA, PSSASARAM (M) DISTRICT - ROHTAS. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Siddharth Harsh For the Opposite Party/s :
Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.
Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Sasaram (T) P.S. Case No. 412 of 2018 registered for offence punishable under sections 395, 337, 412 of the Indian Penal Code and section 27 of the Arms Act.
As per allegation, some unknown miscreants committed dacoity in V-mart Retail Shop Limited, Sasaram. A number of articles and Rs.13,18,597/- cash were looted. The staffs of that shop were threatened for dire consequences.
Patna High Court CR. MISC. No.72524 of 2021(2) dt.30-05-2022 2/3 The learned counsel for the petitioner has submitted that the petitioner was not arrested at the spot, nothing was recovered from his possession and his name has been figured in the confessional statement of co-accused Sippu @ Rajeev Ranjan Patel. He has submitted further that co-accused Shivendra Dubey was arrested and some recovery of looted articles were made from his house and he has been granted bail in Cr. Misc. No. 38386 of 2018. He has also submitted that seven other co-accused persons have also been granted bail by the coordinate Benches. The petitioner is under custody since 26.10.2021.
Considering the above-mentioned facts and circumstances as well as the period of custody, i.e. eight months, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (T) P.S. Case No. 412 of 2018, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(ii) If the petitioner is found involved in future in the
Patna High Court CR. MISC. No.72524 of 2021(2) dt.30-05-2022 3/3 similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.
Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) Mahesh/- U T