Chandan Roy @ Chandan Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.75051 of 2018 Arising Out of PS. Case No.-167 Year-2018 Thana- BAKHARI District- Begusarai ====================================================== Chandan Roy @ Chandan Mahto S/o late Naresh Roy@ Naresh Prasad Mahto Resident of Village Khairedarha, P.S. Bakhri, District-Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Prasad Singh For the Opposite Party/s :
Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Bakhari P.S. Case No. 167 of 2018 registered for the offence punishable under Sections 147, 148, 149, 323, 307, 504, 506 of the Indian Penal Code read with Section 27 of Arms Act. Informant has alleged in his written complaint that while he along with his family were in their house, in the meantime he heard sound of 3-4 round of firing coming from the house of Chandan Rai (petitioner). It has been further alleged that Chandan Rai (petitioner) and uncle of petitioner boarded on a motorcycle and three unidentified miscreants on another motorcycle went towards west after firing of 4-5 rounds near his house and also abused. It has been further alleged that
Patna High Court Cr.Misc. No.75051 of 2018(2) dt.14-12-2018 2/3 Chandan Rai was involved in dealing of illegal arms and liquor and he was also associates of criminals.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to previous enmity and local politics in collusion with police. There is no specific allegation against petitioner, there is general and omnibus allegation against him. Similarly placed coaccused, namely, Sunil Roy has been granted anticipatory bail by this Hon'ble Court vide order dated 25.10.2018 passed in Cr. Misc. No. 64751 of 2018. Petitioner is in custody since 24.08.2018.
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 A.C.J.M. V cum Sub Judge-III, Begusarai, in connection with Bakhari P.S. Case No. 167 of 2018 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.75051 of 2018(2) dt.14-12-2018 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