Patna High CourtCR. MISC./47988/2017bail granted

Chhotu @ Mukesh Kandu v. The State Of Bihar

2018-01-02Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47988 of 2017 Arising Out of PS.Case No. -253 Year- 2016 Thana -CHANDAUTI District- GAYA ====================================================== Chhotu @ Mukesh Kandu Son of Govind Sao, R/o Village- Kujapi, P.S.- Chandauti, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Saxena For the Opposite Party/s : Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-01-2018 Heard the learned counsels for the petitioner and for the State.

The petitioner seeks bail in connection with Chandauti P.S. Case No. 253 of 2016 dated 02.09.2016 instituted for the offences under Sections 395, 397, 412 and 120B of the Indian Penal Code.

A burglary was committed in the house of the informant and FIR was registered against three known and four unknown persons. The petitioner is not named in the FIR and his complicity in the occurrence surfaced only during the course of investigation by way of a confessional statement of a co-accused. It has been submitted that one of the co-accused persons who has been named in the FIR has been granted bail by a

Patna High Court Cr.Misc. No.47988 of 2017 (3) dt.02-01-2018 Bench of this Court. There is no other material against the petitioner except for the aforesaid confessional statement. In the earlier cases in which the petitioner has been made accused, he is on bail.

Taking into account the period of custody of the petitioner which is from 21.06.2017 and the other circumstances, this Court is inclined to grant bail to him.

In the facts and circumstances, the petitioner above named is directed to be released on bail on his furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Chandauti P.S. Case No. 253 of 2016.

(Ashutosh Kumar, J) KKSINHA/- U T