Chandan Kumar @ Babua v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18579 of 2024 Arising Out of PS. Case No.-63 Year-2021 Thana- BALIGAON District- Vaishali ====================================================== Chandan Kumar @ Babua S/o Upendra Singh R/o Village- Ali Sarai, P.S.- Sakra, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan No. II, Advocate :

Ms. Kumari Rupa, Advocate :

Ms. Priyanka Kumari, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Baligaon P.S. case No. 63 of 2021 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution case, in short, is that three unknown miscreants looted the motorcycle and other belongs from the informant and fled away.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Kamlesh Kumar who has already been granted anticipatory bail by a co-ordinate Bench of this Court vide order

Patna High Court CR. MISC. No.18579 of 2024(2) dt.14-03-2024 2/2 dated 23.11.2023 passed in Cr. Misc. No. 57838 of 2023. No incriminating/looted article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that T.I.P. has not been conducted till date. Chargesheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.11.2023 and has four criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Baligaon P.S. case No. 63 of 2021.

(Rudra Prakash Mishra, J) Alok Verma/- U T