Chandan Giri @ Chandan Bharati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36475 of 2017 Arising Out of PS.Case No. -58 Year- 2012 Thana -KACHHAWA District- SASARAM (ROHTAS) ====================================================== Chandan Giri @ Chandan Bharati Son of Shankar Bharati, Resident of Village- Samahuta Mathiya, Police Station- Kachhawan, District- Rohtas. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Arvind Kumar Pandey, Advocate For the State : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 16.03.2017 in connection with Kachhawan P.S. Case No. 58 of 2012 for the offences alleged under Sections 147, 148, 436, 395 of the Indian Penal Code; Section 27 of the Arms Act and also Section 17 of the Criminal Law Amendment Act.

3. It is submitted that the petitioner has been falsely implicated as he is not named in the first information report which is against 10-12 unknown persons. No recovery of any incriminating articles has been made from his possession nor has he been put on test identification parade for his identification. Except his name said to have appeared in the leaflets thrown by the accused persons at the place of occurrence, there is no material to connect him with the alleged occurrence. The petitioner claims to be working outside the State at Lucknow.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of like amount each to the satisfaction

Patna High Court Cr.Misc. No.36475 of 2017 (3) dt.21-09-2017 2/2 of learned Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas in connection with Kachhawan P.S. Case No. 58 of 2012 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) B.T/- U T