Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74283 of 2019 Arising Out of PS. Case No.-91 Year-2019 Thana- NAUTAN District- West Champaran ====================================================== CHANDAN KUMAR, aged about 23 years, (Male), Son of Kishore Sah @ Kishore Lal Sah, Resident of Village - Noniya, P.S.- Paharpur, District.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Adv.

For the Opposite Party/s :

Mr.Abhay Kumar Roy (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 379 of the Indian Penal Code.

Informant has alleged in FIR that on 08.03.2019 at 8:00 P.M., he had gone to attend marriage from where his motorcycle was stolen.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. FIR is against unknown. Petitioner has been implicated in this case on the

Patna High Court CR. MISC. No.74283 of 2019(2) dt.25-11-2019 2/3 basis of information given by the spy of the police that petitioner has stolen the motorcycle. Similarly placed coaccused Bittu Kumar has been granted bail by co-ordinate bench of this court vide order dated 17.10.2019 passed in Cr. Misc. No. 64335 of 2019. Petitioner is in custody since 15.06.2019 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Nautan (Jagdishpur) P.S. Case No. 91 of 2019, subject to conditions:

(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 shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.74283 of 2019(2) dt.25-11-2019 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T