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Patna High CourtCR. MISC./15639/2025allowed

Chandan Kumar v. The State Of Bihar

2025-04-21Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15639 of 2025 Arising Out of PS. Case No.-428 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Chandan Kumar S/O Harendra Ray Resident of Village - Basatpur Rapdih, P.S. - Motihari, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-04-2025 Heard Mr. Madhurendra Kumar, learned counsel for the petitioner and Mr. Vinod Shanker Modi, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Muffasil P.S. Case No. 428 of 2024 instituted for the offence under Sections 310(2) of the Bharatiya Nyaya Sanhita, 2023.

3. The case of the prosecution is that the informant along with his younger brothers Md. Sarfaraz and Md. Saeed Khan were returning from bus stand on two motorcycles. They were going to Dhaka. As they reached the Mount Litera School, six miscreants on two motorcycles intercepted them. It is further alleged that mobile phones, ATM cards and cash along with

Patna High Court CR. MISC. No.15639 of 2025(2) dt.21-04-2025 2/3 other articles were looted by the miscreants. An F.I.R. was lodged against unknown miscreants. During course of the investigation, one Tribhuwan Kumar/Thakur was apprehended and he has given in confessional statement in which the name of this petitioner surfaced.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Nothing has been recovered from his possession. No T.I.Parade has been conducted and he has falsely been implicated in this case. A statement has been made in para3 of this petition that the petitioner has got no criminal antecedent.

5. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Muffasil P.S. Case No. 428 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.15639 of 2025(2) dt.21-04-2025 3/3 to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Anushka/- U T