Chandan Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10211 of 2023 Arising Out of PS. Case No.-498 Year-2022 Thana- BARHARA KOTHI District- Purnia ====================================================== CHANDAN KUMAR DAS S/O- Indradeo Das R/V- Hanuman Nagar Banmankhi, P.S.- Banmankhi, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 04-05-2023

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

2. Petitioner seeks regular bail in connection with Barahara P.S. Case No. 498 of 2022, dated 22.10.022 registered for the offences punishable under Sections 379, 356, 411 of IPC and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. The main submissions advanced by petitioner's counsel are that as per allegation this petitioner and co-accused persons snatched mobile phone of the informant and they were apprehended on chase by the villagers but the mobile phone, which is stated to have been snatched from the informant, was recovered from the possession of the co-accused Chhotu Kumar Mahto and the same was not recovered from the possession of this petitioner and a country-made pistol was also stated to be recovered from the possession of the said co-accused Chhotu

Patna High Court CR. MISC. No.10211 of 2023(2) dt.04-05-2023 2/2 Kumar Mahto and the motorcycle, which was found in the possession of the petitioner and co-accused persons, belongs to this petitioner. Further submissions are that the petitioner has been languishing in jail since 23.10.2022 and he was not involved in snatching of the mobile phone of the informant and he was simply accompanying the co-accused, Chhotu Kumar Mahto and against him the investigation has been completed.

4. Learned APP appearing for the State has opposed the prayer for bail.

5. Considering the above submissions and mainly petitioner's young age disclosed in the petition, completion of investigation against him and also the fact that as per FIR the incriminating materials including the snatched mobile phone were recovered from the possession of the co-accused Chhotu Kumar Mahto, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Barahara P.S. Case No. 498 of 2022.

(Shailendra Singh, J.) maynaz/- U T