Chandra Bhushan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63681 of 2019 Arising Out of PS. Case No.-99 Year-2019 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Chandra Bhushan Kumar Singh Son of Ram Kishore Singh, Resident of Village- Bairiya, P.S.- Kumdwa Chainpur, District- East Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Asif Kalim For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-01-2020 Heard learned counsel for the parties.

The petitioner seeks bail in connection with Kundwa Chainpur P.S. Case No.99 of 2019 registered for the offence under Section 394 of the Indian Penal Code.

Prosecution's case is that on the basis of a petition filed by the informant, who runs a Grahak Seva Kendra of Punjab National Bank, stating therein that while he was going to his house after closing his shop, four accused persons surrounded him and took out key of the motorcycle and, thereafter, on the point of knife, took out of Rs.2,30,000/-. It is alleged that the informant identified one person amongst the miscreants and with the help of other persons, said identified person was apprehended, who disclosed his name as Chandra Bhushan Kumar (the petitioner) and from his possession, one

Patna High Court CR. MISC. No.63681 of 2019(3) dt.23-01-2020 2/3 knife was recovered.

It is submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case with a view to defalcate and misappropriate the Bank money and filed the present case of loot after concocting a false story. It is submitted that despite identification of the petitioner, the informant could not approach or informed the police, rather he himself went to the petitioner's house. The petitioner is in custody since 30.06.2019 having no criminal antecedent. Chargesheet has already been submitted. There is no allegation of tampering with the evidence against the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sikrahana at Dhaka, District-East Champaran in connection with Kundwa Chainpur P.S. Case No. 99 of 2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason,

Patna High Court CR. MISC. No.63681 of 2019(3) dt.23-01-2020 3/3 his bail bond shall be cancelled by the court below.

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

(Prabhat Kumar Singh, J.) nawalkrs/- U T