Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7579 of 2022 Arising Out of PS. Case No.-332 Year-2021 Thana- EKANGARSARAI District- Nalanda ====================================================== Chandan Kumar Son of Ayodhya Prasad Resident Of Village- Pasandhi, P.SEknagarsarai, Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tej Narayan Singh Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-10-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Ekangarsarai P.S. Case No. 332 of 2021 registered for the offence under Sections 379, 414 and 34 of the Indian Penal Code The accused/petitioner is named in the F.I.R. and is in custody since 30.12.2021.

The allegation against the petitioner is to have in possession of stolen motorcycle, along with other co-accused persons.

Patna High Court CR. MISC. No.7579 of 2022(3) dt.17-10-2022 2/2 Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated in this case only for his 3 criminal antecedent, where he is on bail in 2 cases. It is submitted that no seizure list was prepared in furtherance of allegation, which clearly suggest that implication is false and illmotivated. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as seizure list is not available against implication coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Ekangarsarai P.S. Case No. 332 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.M., Hilsa, Nalanda/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T