Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14780 of 2022 Arising Out of PS. Case No.-78 Year-2021 Thana- BEERPUR District- Begusarai ====================================================== Chandan Kumar Son Of Ram Ishwar Singh Resident Of Village - Matihani, P.S.- Matihani, Dist.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Birpur P.S. Case No. 78 of 2021 registered for the offence under Sections 394, 397, 307 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution story in nutshell is that while the informant was returning from SBI ADB branch with cash of rupees three lakh & five thousand, the accused persons arrived near him and fired a gun-shot thereafter they snatched his bag containing cash and fled away.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that the petitioner not named in FIR and the name of the petitioner

Patna High Court CR. MISC. No.14780 of 2022(3) dt.02-01-2023 2/2 came in light on the basis of confessional statement of coaccused namely, Jawahar Paswan. It is further submitted vide para 9 of the petition that nothing incriminating articles were recovered from the possession of the petitioner. Similarly situated co-accused namely, Shankar Kunwar has already been granted bail by a coordinate bench of this court vide order dated 16.08.2022 in Cr. Misc. No. 20926 of 2022. This Petitioner is languishing in judicial custody since 7.8.2021. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Birpur P.S. Case No. 78 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned court of A.C.J.M., 6th Begusarai.

(Sunil Kumar Panwar, J) amandeep/- U T