Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7707 of 2020 Arising Out of PS. Case No.-91 Year-2019 Thana- BHAPTIAHI District- Supaul ====================================================== CHANDAN KUMAR Son of Bachakain Yadav Resident of Village-Maujaha, Ward No.08, Police Station-Kishanpur, District-Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Ahmad Ali Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Ms. Anita Kumari Singh, learned APP for the State.

This is an application for grant of anticipatory bail in connection with Bhaptiyahi P.S. Case No. 91 of 2019 registered for the offence punishable under Section 392 of the Indian Penal Code.

The case of the prosecution in brief is that unknown miscreants had apprehended the pickup van of the informant in the night on the alleged date and time of incident and had then

Patna High Court CR. MISC. No.7707 of 2020(2) dt.16-06-2020 2/3 snatched a sum of Rs. 2,500/- and a mobile phone from the informant as also had fled away with the pickup van loaded with cauliflower.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is not named in the FIR. It is further submitted that the name of the petitioner has transpired in the confessional statement of the co-accused, namely, Ravindra Yadav, but during the course of the Test Identification Parade, he has not been identified by the informant, as such, the entire allegation against the petitioner is false and concocted. It is further submitted that the petitioner is having a clean antecedent and there is no material on record to connect the petitioner with the alleged crime.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that the petitioner is having a clean antecedent, he is not named in the FIR and no material is available on record as as to connect the petitioner with the alleged crime, I deem it fit and proper to enlarge the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks

Patna High Court CR. MISC. No.7707 of 2020(2) dt.16-06-2020 3/3 from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Supaul in connection with Bhaptiyahi P.S. Case No. 91 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Ajay/- U T