In this bail application arising from PS Case No. 834 of 2019 involving culpable homicide and arms offences, the Patna High Court allowed the petition, releasing the petitioner on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Release granted on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23205 of 2020
Arising Out of PS. Case No.-834 Year-2019 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur
======================================================
Chandan Kumar @ Chandan Son of Shivjee Paswan @ Shivji Paswan Resident of Village-Bara Sumera @ Sumera, P.S.-Kudhani, O.P.-Turki, District-Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Yugal Kishore For the Opposite Party/s : Mr.A.P.P ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 09-09-2020
Heard learned counsel for the parties through video conferencing.
This relates to grant of regular bail in Sadar P.S. Case No. 834 of 2019, registered for the offence under Sections 395, 397/427 of the Indian Penal Code and Section 27 of the Arms Act.
In the FIR, the informant, who is Branch Manager of Syndicate Bank, Dumri Branch, has alleged that on 04-12-2019 at 3:00 PM, some miscreants entered into the bank premises and on the gun point, tried to take away cash. Thereafter, it is alleged that the miscreants, taking a bag of bunch of keys and some documents, fled away, but one of the co-accused namely; Aman Sultan was apprehended, who disclosed the name of his associates, which includes the name of petitioner also.
It is submitted on behalf of petitioner that petitioner is innocent and has committed no offence. Save and except confessional statement of co-accused, there is nothing against the petitioner. No incriminating article has been recovered from the possession of petitioner. It is further submitted that till date, no TIP has been held and two similarly situated co-accused
Patna High Court CR. MISC. No.23205 of 2020(2) dt.09-09-2020 2/2
namely Md. Ahmad and Md. Shaiyare have been granted bail by this Court, vide Cr.Misc. No. 18212/2020 and Cr.Misc. No. 19532/2020 respectively. The petitioner is in custody since 05-12-2019, having no criminal antecedent.
Considering the aforesaid facts and circumstances, the bail application is allowed.
Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Muzaffarpur in connection with Sadar P.S. Case No. 834 of 2019 on the following conditions:
“(1) Petitioner shall cooperate 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 on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.”.
(Prabhat Kumar Singh, J.)
anay
U T
2 issues framed by the court
Whether bail should be granted to the petitioner in the current case.
Whether the petitioner satisfies the requirements for bail.
Chandan Kumar @ Chandan
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
