Chandan Kumar @ Kaliya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7734 of 2024 Arising Out of PS. Case No.-429 Year-2022 Thana- RAJAPAKAR District- Vaishali ====================================================== Chandan Kumar @ Kaliya S/O- Arvind Kumar Yadav @ Arvind Rai VillageBakhri Barai, P.S. Rajapakar, Dist.- Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable u/s 394 of the IP.C. Charge-sheet has been filed u/s 394, 412 of I.P.C.

The prosecution case relates to loot on the point of pistol committed by 4 unknown miscreants and taken away the motorcycle, mobile phone and cash of Rs. 2,000/- from the informant and Rs. 1,500 and mobile phone from the possession of Akash Kumar (bhanja of informant). It is further alleged that they

Patna High Court CR. MISC. No.7734 of 2024(2) dt.17-02-2024 2/3 assaulted the informant by means of butt of pistol due to which he sustained head injuries.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from his possession. The name of petitioner sprang up in this case on confessional statement of co-accused Chhotu Kumar @ Navin Kumar @ Jasar who has been granted bail by co-ordinate Bench of this Court vide order dated 13.09.2023, passed in Cr. Misc. No. 57619 of 2023. Moreover, the petitioner is languishing in judicial custody since 27.01.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody,

Patna High Court CR. MISC. No.7734 of 2024(2) dt.17-02-2024 3/3 this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Rajapakar P.S. Case No. 429 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali, Hajipur.

(Sunil Kumar Panwar, J) Nirajkrs/- U T