Patna High CourtCR. MISC./709/2024bail granted

Bharat Nandan @ Bharat Nandan Kumar @ Pampam v. The State Of Bihar

2024-01-18Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.709 of 2024 Arising Out of PS. Case No.-179 Year-2023 Thana- CHACKMEHSI District- Samastipur ====================================================== Bharat Nandan @ Bharat Nandan Kumar @ Pampam S/O - Late Bishnu Dev Ray @ Vishnu Dev Roy R/O - Harpur Mahmada (Mahamda Math Bhuiya Asthan Toli, Ward No. 04) P.S. Pusha, Distt- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Pandey No.5, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Chakmehasi P.S. Case No.179 of 2023, lodged on 21.09.2023, under Sections 413/414/34 of the Indian Penal Code.

3. As per the prosecution, the FIR has been lodged against eight named accused persons including the present petitioner. There is allegation that a tempo which was subjected to theft on which eight persons were sitting including the petitioner against whom allegation that they were going to sell the same.

4. Learned counsel for the petitioner submits that the petitioner is in custody since 21.09.2023 having no criminal

Patna High Court CR. MISC. No.709 of 2024(2) dt.18-01-2024 2/3 antecedent. He further submits that offence is triable by Magistrate and he has been arrested as one of the passenger.

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Samastipur, in connection with Chakmehasi P.S. Case No.179 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:

(i) One of the bailor should be the family member 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 bonds by the Trial Court itself;

(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance;

Patna High Court CR. MISC. No.709 of 2024(2) dt.18-01-2024 3/3 (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (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 the bail bonds. (Dr. Anshuman, J) Mkr./- U T