Chandan @ Dallaa @ Khujli v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84970 of 2019 Arising Out of PS. Case No.-426 Year-2019 Thana- KADAMKUAN District- Patna ====================================================== CHANDAN @ DALLAA @ KHUJLI Son of Suresh Choudhary Resident of Village - Mahammadpur, near Gautam Budha School, P.S.- Sultanganj, Distt.- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kumar Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-12-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 399 and 420 of the Indian Penal Code and Section 25(1-B)A, 26 and 35 of the Arms Act. Informant in his written report has alleged that he received confidential information that miscreants have assembled in Loharwa Gali in order to commit some grave crime and as he reached said place one miscreant was apprehended, however, remaining four managed to escape. It has been submitted on behalf of the petitioner that apprehended accused disclosed the name of petitioner as one of the miscreants who fled away and from the possession of apprehended accused one loaded pistol and one live cartridge

Patna High Court CR. MISC. No.84970 of 2019(2) dt.20-12-2019 2/3 was recovered. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case and except statement made by apprehended accused there is no any other incriminating material against the petitioner. Petitioner is accused in one case arising out of Excise Act and except said case petitioner is not accused in any other case. Petitioner is in custody since 14.10.2019.

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/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Kadamkuan P.S. Case No. 426 of 2019, with following 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 the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

Patna High Court CR. MISC. No.84970 of 2019(2) dt.20-12-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U