Chendi Das @ Chandu Das @ Chandi Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78907 of 2018 Arising Out of PS. Case No.-296 Year-2018 Thana- RAJNAGAR District- Madhubani ====================================================== Chendi Das @ Chandu Das @ Chandi Das S/o Bhola Das R/vill-Purba Kota, P.S-Purai, Distt.-Jajpur, State-Odissa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Raj Nagar P.S. Case No. 296 of 2018 registered for the offence punishable under Sections 356, 379,34 of the Indian Penal Code.

Informant has alleged in his written complaint that on 12.09.2018 while he had gone to open his jewellery shop by taking 15 gram gold, silver and cash of Rs. 85,000/- in the bag and when he went to bring water, in the meantime, two accused after taking his bag tried to flee away on motorcycle, but on alarm being raised by his neighbour he and other shopkeeper chased them and one of them was apprehended and one managed to escape.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.78907 of 2018(3) dt.29-01-2019 2/2 he is innocent and has been falsely implicated in this case on the basis of suspicion. It has been further submitted that no incriminating material has been recovered from the possession of petitioner. Petitioner has no criminal antecedent and he is in custody since 13.09.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Madhubani, in connection with Raj Nagar P.S. Case No. 296 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T