Chanchal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22107 of 2021 Arising Out of PS. Case No.-693 Year-2019 Thana- NAGAR District- Vaishali ====================================================== CHANCHAL KUMAR SON OF LATE ASHOK GUPTA R/O VILLAGERAM PRASAD CHOWK, P.S.- HAJIPUR TOWN, DISTRICT- VAISHALI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-10-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 395 of the Indian Penal Code.

As per the prosecution case, 7-8 accused persons with the faces covered, on the point of pistol are stated to have looted the informant and others of their mobile phones, ATM cards, 50 lacs in cash besides other article as mentioned in the FIR. It is submitted by learned counsel for the petitioner that the FIR was registered against 7-8 unknown accused persons. Referring to the order of the learned trial court rejecting the application for bail of the petitioner, it is submitted that the name of the petitioner transpired in course of investigation in the confessional statement of co-accused

Patna High Court CR. MISC. No.22107 of 2021(2) dt.05-10-2021 2/2 Gautam Kumar made before police. The said Gautam Kumar has been enlarged on bail vide order dated 15.4.2021 passed in Cr. Misc. No. 5982 of 2021. Inspite of being in custody since 23.2.2020 the petitioner has not been put on T.I. parade and chargesheet has been submitted in the case. No incriminating article has been recovered from the petitioner's possession. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for over 1 year 7 months and grant of bail to co-accused Gautam Kumar on whose confessional statement the name of the petitioner transpired, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no. 133 of 2020 (arising out of Hajipur Town P.S. Case no. 693 of 2019) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge VII, Vaishali at Hajipur.

(Partha Sarthy, J) Spd/- U T