Chandan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.15473 of 2017 (2) dt.18-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15473 of 2017 Arising Out of PS.Case No. -15 Year- 2017 Thana -KAKO District- JEHANABAD ====================================================== Chandan Kumar Son of Gajendra Sinha, Resident of Village-Maharaj Bigha, P.S. Khigar Sarai, District Gaya.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-04-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Kako P.S. Case No. 15 of 2017 registered for the offences punishable under Sections 379, 420, 411/34 of the Indian Penal Code and Sections 43/177 of Motor Vehicle Act.

Allegedly, amount of Rs. 10,000/- was withdrawn from the account of the informant by the petitioner and others and thereafter, the petitioner tried to flee away but was caught and from possession of the petitioner several mobiles and several ATM Cards of different banks were recovered besides cash. Submission is of false implication and that the petitioner has been made victim of circumstances, nothing has been recovered from his conscious possession, the alleged confessional statement of the petitioner has been recorded forcefully, the petitioner has

Patna High Court Cr.Misc. No.15473 of 2017 (2) dt.18-04-2017 got no concern with the alleged withdrawal. The petitioner is a law abiding citizen and there is no chance of absconding or tampering with the evidence. The petitioner is suffering in custody since 19.01.2017 and as such he deserves sympathetic consideration. Learned APP seriously opposes the prayer of bail by submitting that from possession of the petitioner five notes of Rs. 2000/- were recovered besides several ATM Cards of different banks of different persons and several mobiles and further amount of Rs. 18,000/- was also recovered. The petitioner confessing his guilt has stated regarding his involvement in several such crimes and the petitioner has got criminal antecedent also. In the facts and circumstances stated above, considering the allegation attributed against the petitioner and further that he has criminal antecedent, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected. (Jitendra Mohan Sharma, J) avin/- U T