Cnandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1193 of 2020 Arising Out of PS. Case No.-300 Year-2018 Thana- RAMGARHWA District- East Champaran ====================================================== CNANDAN KUMAR Son of Bindeshwari Sahani @ Indal Sahani Resident of Village - Sirsa, P.S.- Muffasil Motihari, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Ms.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Ramgarhwa P.S. Case No. 300 of 2018 for the offence registered under Section 392 of the Indian Penal Code.

The allegation is regarding unknown miscreants having intercepted the informant and looted cash amounting to a sum of Rs. 51,530/-.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. It is submitted that the petitioner was arrested in the present case on the basis of confessional statement made by one co-accused person as also upon disclosure of the complicity of the petitioner in the alleged crime by the police spy. It is further submitted that neither test identification has taken place

Patna High Court CR. MISC. No.1193 of 2020(2) dt.16-01-2020 2/2 so as to connect the petitioner with the alleged crime nor any recovery of the looted cash amount has been made from the petitioner herein. The petitioner is stated to be languishing in custody since 26.10.2019.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner coupled with the fact that neither test identification parade has taken place so as to connect the petitioner with the alleged crime nor any recovery of the looted cash amount has been made from the petitioner, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sadar, Raxaul, Motihari, East Champaran in connection with Ramgarhwa P.S. Case No. 300 of 2018.

(Mohit Kumar Shah, J) S.Sb/- U T