Balakant Kumar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7539 of 2025 Arising Out of PS. Case No.-957 Year-2023 Thana- BIHAR District- Nalanda ====================================================== Balakant Kumar @ Chhotu S/O Keshav Ray @ Kesho Ray R/O Village- Budhara, P.S.- Athmalgola, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Prasad, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 08-05-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. This is the first regular bail application of the petitioner seeking his regular bail in connection with Bihar P.S. Case No. 957/2023 registered for the offence punishable under Section 395 of I.P.C. Act.

3. According to the case of prosecution, allegedly the present applicant along with other co-accused persons on the date of incident entered into the house of informant and committed dacoity and they also looted ornaments and cash Rs. 50,000/- from the informant and his family members. On the basis of report made by the informant offence has been registered. During course of investigation, the present applicant is arrested on 29.08.2024.

Patna High Court CR. MISC. No.7539 of 2025(3) dt.08-05-2025 2/2

4. It is submitted by the learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in this case. There is no any admissible evidence available against him, and no any recovery of looted articles have made from him. He further submits that the petitioner has been implicated only on the basis of confessional statement of co-accused Shakti Kumar, therefore it is prayed by the counsel for the petitioner that petitioner may be granted benefit of bail.

5. Learned counsel for the State opposes the arguments raised by the counsel for the petitioner.

6. Considering the above submissions made by the learned counsel for the petitioner and further considering the fact that except confessional statement, there is no any legal evidence available on record against the applicant , I am of the view that the petitioner should be enlarged on bail.

7. Accordingly, the application is allowed.

8. The petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Bihar Sharif, in connection with Bihar P.S. Case No. 957/2023.

(Arvind Singh Chandel , J) krishnakant/- U T