Chunu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4728 of 2024 Arising Out of PS. Case No.-381 Year-2023 Thana- KESARIA District- East Champaran ====================================================== Chunu Sah S/O Shambhu Sah Village- Sahebganj Zirat Tola, Ps. Sahebganj, Dist. Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kesaria P.S. Case no. 381 of 2023 registered under section 392 of the Indian Penal Code.

3. As per the prosecution case, the informant states that four unknown accused persons on the point of pistol looted the informant of his motorcycle, Rs. 8,000/- in cash etc. as stated in the F.I.R.

4. Learned counsel for the petitioner submits that the F.I.R was registered against four named accused persons. The petitioner was not named therein. The name of the petitioner transpired in the confessional statement of co-accused Najarudin Alam @ Dugali who has been enlarged on bail vide order dated

Patna High Court CR. MISC. No.4728 of 2024(2) dt.07-02-2024 2/2 13.12.2023 passed in Cr. Misc. no. 66960 of 2023 (Annexure2). No incriminating article has been recovered from possession of the petitioner who is in custody since 18.8.2023 and chargesheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the petitioner not being named therein, grant of bail to the coaccused on whose confessional statement the name the petitioner transpired, the petitioner being in custody for more than 5 months since 18.8.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Kesaria P.S. Case no. 381 of 2023, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari. (Partha Sarthy, J) Harsh/- U T