Chandan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 82248 of 2024 Arising Out of PS. Case No.-119 Year-2024 Thana- DUMRA District- Sitamarhi ====================================================== Chandan Kumar Singh S/O Raghvendra Singh Resident Of Vill.- Athari, P.SRunnisaidpur, Dist.- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vikash Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-12-2024 Heard the parties.
2. The petitioner is in custody in connection with Dumra P.S. Case No. 119 of 2024 for the offence punishable under Sections 399, 402, 413 and 414 of the Indian Penal Code read with Sections 25(1-B), 26 and 35 of the Arms Act lodged on 18.03.2024 by the informant, Amrendra Kumar.
3. As per the prosecution story, the informant upon secret information that the accused have assembled to commit crime, the place was raided and from this petitioner, there is recovery/seizure of country-made revolver and live cartridges, whereas from Bittu Kumar, a knife has been recovered. One Gariban Mahto managed to escape. This led to the F.I.R.
4. Learned counsel for the petitioner submits that only because of criminal antecedent, the petitioner has been
Patna High Court CR. MISC. No. 82248 of 2024(2) dt.02-12-2024 2/3 implicated in this case as he has already remained in custody since 19.03.2024 and if granted bail, shall appear in trial without fail.
5. Learned APP opposes the prayer for bail submitting that the petitioner has criminal antecedent.
6. Having heard the parties as also the submission put forward by them, taken into account the period of custody, as also the fact that undertaking has been given that petitioner shall be diligently appearing in the trial, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned C.J.M., Sitamarhi, in connection with Dumra P.S. Case No. 119 of 2024 subject to the following conditions: (i) one of the bailors should be the family member/relative of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the trial court itself;
Patna High Court CR. MISC. No. 82248 of 2024(2) dt.02-12-2024 3/3 (iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J.) sadique/- U T