Chandan Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15263 of 2019 Arising Out of PS. Case No.-287 Year-2018 Thana- BRAHMPURA District- Muzaffarpur ====================================================== CHANDAN BHAGAT Son of Heera Bhagat Resident of Krishna Toli, Brahampura, P.S.- Brahampura, District- Muzaffarpur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Pandey For the Opposite Party/s :

Mr.Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 394, 307, 34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that while the informant was on the way, the accused persons shot fire at him due to which he sustained injury.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.9.2018. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. There is no substantive evidence to suggest his implication in

Patna High Court CR. MISC. No.15263 of 2019(2) dt.11-04-2019 2/2 the present case. The petitioner is not named in the F.I.R. The name of the petitioner has come in course of investigation on the basis of confessional statement of co-accused Shashank Raj @ Johnson. Except for this, there is no other material to suggest his implication in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 learned Chief Judicial Magistrate, Muzaffarpur in connection with Brahampura P.S. Case No. 287/18.

(Sudhir Singh, J) Pankaj/- U T