Chandan Sah @ Chandan Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7479 of 2023 Arising Out of PS. Case No.-219 Year-2019 Thana- KUMAR KHAND District- Madhepura ====================================================== CHANDAN SAH @ CHANDAN KUMAR SAH SON OF BIJAY SAH R/O VILL.- GADIYA, WARD NO.- 01, P.S.- KUMARKHAND, DISTT.- MADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Kumarkhand P.S. Case No. 219 of 2019, registered for the offences punishable under Sections 341, 307, 120B, 34 of the Indian Penal Code and 27 Arms Act. As per allegation, when the informant was returning to his house, the petitioner and his brother Nandan Sah who were already in ambush, fired shot at him. The informant began to flee away and fell into a ditch.

The learned counsel for the petitioner has submitted that he has falsely been implicated in this case. The informant has suffered no injury. The petitioner has surrendered on 03.08.2022

Patna High Court CR. MISC. No.7479 of 2023(3) dt.17-05-2023 2/2 and since then he is under custody.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Madhepura in connection with Kumarkhand P.S. Case No. 219 of 2019, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available on each and every date of trial till framing of the charge. In case of failure on two consecutive dates without any valid reason, the learned court below will be at liberty to cancel the bail bond of the petitioner.

(ii) If the petitioner is found involved in future in the similar type of offense, 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) Sudha/Sonali U T