Chandan Kumar Vs the State of Bihar — Patna HC (2024) — LawSathi Research

Chandan Kumar Vs the State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be enlarged on furnishing bail-bond of Rs.20,000/- with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Vaishali at Hajipur, subject to the condition of physical presence before the Court below on every date (bonds cancellable on absence on two consecutive dates without reasonable cause).

Issue for consideration

Whether the petitioner, in custody since 10.10.2022 in connection with Hajipur Town P.S. Case No. 696 of 2022 registered u/ss 363 and 365 IPC, should be enlarged on regular bail.

Ratio / Principle

Considering the facts and circumstances of the case and the period of custody, the petitioner is directed to be enlarged on bail on furnishing a bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Vaishali at Hajipur, in connection with Hajipur Town P.S. Case No. 696 of 2022.

Key takeaways

Bail is conditioned on the petitioner remaining physically present before the learned Court below on each and every date; failure to do so on two consecutive dates without reasonable case renders his bail bonds liable to cancellation.ratio¶23

Detailed headnote1 paragraphs

Patna High Court (Chandra Prakash Singh, J.), oral order dated 26-06-2024 in Criminal Miscellaneous No. 942 of 2024: Regular bail application allowed. The petitioner, an accused in Hajipur Town P.S. Case No. 696 of 2022 dated 13.09.2022 registered u/ss 363 and 365 of the Indian Penal Code (alleged kidnapping of the minor son of the informant, recovered from Diyara), and in custody since 10.10.2022, was directed to be enlarged on bail on furnishing a bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Vaishali at Hajipur. Bail conditioned on the petitioner remaining physically present before the Court below on each and every date; default on two consecutive dates without reasonable cause would render the bail bonds liable to cancellation. Counsel for the petitioner had pointed out that no TIP had been conducted and that the petitioner had six criminal antecedents; the A.P.P. opposed the bail plea.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.942 of 2024

Arising Out of PS. Case No.-696 Year-2022 Thana- NAGAR District- Vaishali

====================================================== Chandan Kumar SON OF BABAN PASWAN RESIDENT OF VILLAGERAMBHADRA, RAMCHAURA, P.S.-HAJIPUR TOWN DISRICTVAISHALI

... ... Petitioner/s

Versus

THE STATE OF BIHAR Patna High Court

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ravish Mishra, Adv. For the Opposite Party/s : Mr. Nand Kishore Prasad, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

7 26-06-2024

Heard learned counsel for the petitioner and

learned A.P.P for the State.

2 . At the outset, learned counsel for the petitioner is permitted to make necessary correction in para no. 14 of the bail petition.

3 . The petitioner has preferred this application for grant of regular bail in connection with Hajipur Town P.S. Case No. 696 of 2022 dated 13.09.2022 registered for the offence/s punishable u/ss 363 and 365 of the Indian Penal Code.

4 . As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the

Patna High Court CR. MISC. No.942 of 2024(7) dt.26-06-2024 2/3

minor son of the informant and took him to Diyara from where the said victim was recovered.

5 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No TIP has been conducted by the prosecution till date. The petitioner has six criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 10.10.2022.

6 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7 . Considering the aforesaid facts and

circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 696 of 2022, with the condition/s-:

(i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without

Patna High Court CR. MISC. No.942 of 2024(7) dt.26-06-2024 3/3

reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

8 . The application stands allowed.

(Chandra Prakash Singh, J)

guddukr/-

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