Chandan Kumar @ Chandan Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22701 of 2021 Arising Out of PS. Case No.-101 Year-2020 Thana- NAYAGAON District- Saran ====================================================== CHANDAN KUMAR @ CHANDAN KUMAR RAI SON OF CHANDRIKA RAI RESIDENT OF VILLAGE- MAHMOOD CHOWK, P.S.- NAYAGAON, DISTRICT- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Bihari Singh, Adv.

For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable u/s 420 and 379 of the IPC. Allegedly, the truck of the informant has been stolen by the petitioner. The informant had given the said truck to the petitioner for commercial work.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.22701 of 2021(4) dt.08-08-2022 2/2 has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that only on suspicion, name of petitioner has been given in this case, who according to the F.I.R. happens to be the driver of the said truck. No recovery of truck or any incriminating article has been made from the conscious physical possession of the petitioner. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Naya Gaon P.S. Case No.101/20, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T