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Patna High CourtCR. MISC./15854/2022bail granted

Chotu Kumar Mehta @ Chotu Kr Mehta v. The State Of Bihar

2022-05-26Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15854 of 2022 Arising Out of PS. Case No.-898 Year-2020 Thana- FORBESGANJ District- Araria ====================================================== CHOTU KUMAR MEHTA @ CHOTU KR MEHTA aged about 21 years, Male, S/O Late Kirtya Nand Mehta, R/O Village Terhi Musahri, PSForbesganj, District-Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Singh For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-05-2022 Heard the parties.

Petitioner seek regular bail in connection with Forbesganj PS Case No. 898/2020 registered for the offence punishable under Section 392 of the IPC.

As per First Information Report, three unknown miscreants accosted the informant and on the gun point snatched a sum of Rs. 48,580/- along with a mobile.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR and he has falsely been implicated in this case on the basis of a his confessional statement made before the police and except the confessional statement made by the co-accused, no material has come against the petitioner to connect him with the present offence. Learned

Patna High Court CR. MISC. No.15854 of 2022(2) dt.26-05-2022 2/3 counsel next submits that the petitioner has not been put on test identification parade and he is in custody since 25.01.2021. Further submission is that similarly situated co-accused persons, namely, Aashish Paswan @ Ashish Kr. Paswan vide Cr. Misc. No. 43863/2021 along with Anshu Kumar Sah vide Cr. Misc. No. 71877/2021 have been granted bail by this Court, chargesheet has already been submitted and there is no likelihood that the petitioners will abscond or tamper with the evidences.

Regards being had to the submissions made by the parties and taking into consideration the fact that similarly situated co-accused persons have been granted bail by this Court, charge-sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidences and he is in custody since 25.01.2021, I am inclined to grant regular bail to the petitioner subject to the condition that petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

Accordingly, let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in

Patna High Court CR. MISC. No.15854 of 2022(2) dt.26-05-2022 3/3 connection with Forbesganj PS Case No. 898/2020. (Anil Kumar Sinha, J) perwez U T