Chandan Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75379 of 2022 Arising Out of PS. Case No.-166 Year-2022 Thana- PUNAURA District- Sitamarhi ====================================================== CHANDAN RAUT S/O PRAGAS RAUT @ PRAKASH RAUT @ PRKASH RAUT Resident of village- Court Bazar @ Janki Sthan ward No- 05,@ Court Bazar Janki Asthan, Ward No- 5, Sitamarhi, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Mr. Alok Kumar Alok For the Opposite Party/s:

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-04-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Punaura P.S. Case No. 166 of 2022, registered for offence punishable under section 414 of the Indian Penal Code and sections 25 (1-b)a, 26, 35 of the Arms Act.

The learned counsel for the petitioner has submitted that nothing was recovered from the possession of the petitioner and his name has figured on the basis of confessional statement of co-accused Alamgir. Except confessional statement, there is nothing in the present case against the petitioner. He is under custody since 20.08.2022.

Patna High Court CR. MISC. No.75379 of 2022(2) dt.03-04-2023 2/2 On the other hand, the learned APP has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, especially the fact that during investigation, except confessional statement of co-accused, nothing came against the petitioner, let him be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Punaura P.S. Case No. 166 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Mahesh/- U T