Chandan Kumar @ Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80465 of 2024 Arising Out of PS. Case No.-209 Year-2021 Thana- BAIRIYA District- West Champaran ====================================================== Chandan Kumar @ Chandan Yadav S/O Gopal Yadav @ Gopal Jee Yadav @ Gopal je Yadav R/o village Santghat , Ward No- 14, P.S. Bettiah Nagar, Disrict -West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar Ii For the Opposite Party/s :

Mr. Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 302 of the Indian Penal Code.

3. Earlier by order dated 03.07.2024 passed in Cr. Misc. No. 29009 of 2024, the prayer for anticipatory bail of the petitioner was rejected by this Court.

4. As per the prosecution case, some unknown person are said to have killed the son of the informant by stabbing with sharp edged weapon.

5. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite

Patna High Court CR. MISC. No.80465 of 2024(2) dt.20-12-2024 2/3 innocent and has been falsely implicated in this case. He submits that similarly situated co-accused have been enlarged on bail by a co-ordinate bench of this court vide order dated 13.07.2022, 20.07.2024, 05.07.2024 passed in Cr. Misc. No. 15734 of 2022, Cr. Misc. No. 44561 of 2024 and Cr. Misc. No. 18756 of 2024. The petitioner has two criminal antecedents and has been languishing in custody since 27.07.2024.

6. Learned APP for the State opposed the bail petition.

7. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bairiya P.S. Case No. 209 of 2021 subject to the following conditions :

(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (iii) The petitioner shall remain physically present

Patna High Court CR. MISC. No.80465 of 2024(2) dt.20-12-2024 3/3 in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(iv) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (v) The petitioner will mark his attendance in the local police station in first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.

(Anjani Kumar Sharan, J) anand/- U T