Chandra Kishore Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7391 of 2025 Arising Out of PS. Case No.-874 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Chandra Kishore Sah S/o Rama Sah, R/o Village.- Phulwariya, P.S.- Sugauli, District- East Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Turkauliya P.S. Case No. 874 of 2022, dated 05.09.2022, in a case registered for the offence punishable under Section 392 of the Indian Penal Code.

3. As per the prosecution case, while the informant was driving the truck loaded with biscuits from Raxaul to Kolkata, four unknown assailants intercepted the informant's truck by their truck near Chhapwa road and took control of the informant's truck and drove both the trucks to a bypass road and forcefully took the informant to a field and tied his hands, feet and mouth and looted the loaded items kept in informant's truck

Patna High Court CR. MISC. No.7391 of 2025(2) dt.02-05-2025 2/3 and also took Rs. 7,000/- in cash from the cabin of the informant's truck.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR and name of the petitioner has surfaced on the basis of the confessional statement of co-accused, Surrendra Ram, who was apprehended by police. No stolen goods, cash or any incriminating material has been recovered from the conscious possession of the petitioner. The similarly situated co-accused person namely, Roshan Kumar Singh has been granted regular bail by this Court vide order dated 03.08.2023 passed in Cr. Misc. No. 47110 of 2023. The petitioner has one criminal antecedent of similar nature and he is on bail in the pending matter as stated in paragraph no. 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest / surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand only) with two sureties

Patna High Court CR. MISC. No.7391 of 2025(2) dt.02-05-2025 3/3 of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Turkauliya P.S. Case No. 874 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, on further condition:

(I) The petitioner is directed to remain physically present before the learned trial Court on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled. (II) The petitioner is directed to cooperate in the trial before the learned trial Court.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shahnawaz/- U T