Subas Chandra @ Subbachandra Kumar @ Subas Chandra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78315 of 2019 Arising Out of PS. Case No.-646 Year-2019 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== SUBAS CHANDRA @ SUBBACHANDRA KUMAR @ SUBAS CHANDRA KUMAR Son of Yogendra Das Resident of Village - Bhelaipur (Panapur), P.S.- Minapur, District- Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shishir Kumar For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody seeks bail in a case registered under Sections 411, 412, 413/34 of the Indian Penal Code.

Allegation is that four miscreants were riding on two motorcycles and they were intercepted by the police and three miscreants were apprehended, however, one managed to flee away and from possession of petitioner one Iron Panja was recovered.

It has been submitted on behalf of petitioner that petitioner is innocent and has been falsely implicated in this case only on suspicion. Nothing was recovered from the

Patna High Court CR. MISC. No.78315 of 2019(3) dt.06-01-2020 2/3 possession of petitioner. Similarly placed co-accused persons, namely, Ajay Kumar and Md. Sakil have been granted bail by a co-ordinate Bench of this Court vide order dated 27.11.2019 passed in Cr. Misc. No. 68335 of 2019 and order dated 11.12.2019 passed in Cr. Misc. No. 74047 of 2019 respectively. Petitioner has no criminal antecedent and is in custody since 28.08.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court below, in connection with Kanti P.S. Case No. 646 of 2019 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.

Patna High Court CR. MISC. No.78315 of 2019(3) dt.06-01-2020 3/3

(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