Patna High CourtCR. MISC./57089/2017bail granted

Chandan Das v. The State Of Bihar

2017-12-19Mr. Justice Madhuresh Prasad2 pages

Patna High Court Cr.Misc. No.57089 of 2017 (4) dt.19-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57089 of 2017 Arising Out of PS.Case No. -128 Year- 2017 Thana -LAHERIASARAI District- DARBHANGA ====================================================== Chandan Das S/o Late Raju Das @ Raj Kumar Das Resident of Donar, Saharsa India Gali, P.S. - Laheriasarai, District - Darbhanga .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pankaj Kumar Das, Advocate For the Opposite Party : Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for offence under sections 324, 326, 307 and 308 of the IPC and section 27 of the Arms Act.

Counsel for the petitioner submits that the FIR is against only Laxman Das with specific allegation of firing on the informant and petitioner's name has been dragged in the case on the basis of statement of the informant recorded u/s 164 Cr. P.C. after 28 days of occurrence. Petitioner is named in other cases also mentioned in paragraph 3 in which he is on bail. Charge sheet has also been filed in the case. Petitioner is in custody since 21.4.2017.

In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as mentioned above, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga in Laheriasarai Police Station Case No. 128 of 2017 on the

Patna High Court Cr.Misc. No.57089 of 2017 (4) dt.19-12-2017 following conditions:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with him. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (b) The petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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