Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26989 of 2021 Arising Out of PS. Case No.-259 Year-2020 Thana- BIBHUTIPUR District- Samastipur ====================================================== CHANDAN KUMAR Son of Shankar Mahto Resident of Village - Khoksaha, P.S. - Bibhutipur, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mirityunjay Kumar, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-11-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 392 of the Indian Penal Code.

As per the prosecution case, it is stated that the two accused persons on the point of pistol looted the informant of his passbook, ATM Card, bag etc. along with Rs.1,64,000/ in cash. It is further stated that the accused persons were caught by the general public and the informant identified accused Amarjeet Kumar with whom the petitioner was also present. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. Even as per the contents of the F.I.R., the informant claims to have identified only co-accused Amarjeet Kumar and not the

Patna High Court CR. MISC. No.26989 of 2021(3) dt.23-11-2021 2/2 petitioner herein. The said Amarjeet Kumar has been enlarged on bail vide order dated 27.9.2021 passed in Cr. Misc. no.11604 of 2021. The petitioner is in custody since 1.9.2020 and has no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for over 1 year, the Court directs the petitioner to be enlarged on bail in connection with Bibhutipur P.S. Case no.259 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Rosera, Samastipur or Successor Court, Rosera, Samastipur.

(Partha Sarthy, J) Saurabh/- U T