Chandan Kumar @ Chandan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3024 of 2022 Arising Out of PS. Case No.-431 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== CHANDAN KUMAR @ CHANDAN PASWAN S/O VILAS PASWAN @ RAMVILAS PASWAN R/o village- Madhurapur, P.S.- Bidupur, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-05-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Bidupur Police Station Case No. 431 of 2021, registered for the offences punishable under Sections 392/412 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the informant was accosted by four unknown miscreants and the name of one of them was disclosed by the informant in the First Information Report as Akhilesh Kumar Sharma and they, on the point of gun, looted the motorcycle and mobile of the informant.

Patna High Court CR. MISC. No.3024 of 2022(2) dt.26-05-2022 2/3 Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of the fact that the looted mobile was recovered from the possession of the petitioner. He further submits that the petitioner purchased the said mobile phone without knowing the fact that the same was the looted article. He further submits that the petitioner is in custody since 07.10.2021, having no criminal antecedent, and charge sheet has already been submitted against him and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions made on behalf of the parties and taking into consideration the materials on record and the fact that charge sheet has already been submitted and the petitioner is in custody since 07.10.2021, having no criminal antecedent, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali, at Hajipur, in connection with Bidupur Police Station Case No.

Patna High Court CR. MISC. No.3024 of 2022(2) dt.26-05-2022 3/3 431 of 2021.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √