Chandan Kumar @ Chandan Ray @ Karan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19247 of 2024 Arising Out of PS. Case No.-320 Year-2020 Thana- DARBHANGA District- Darbhanga ====================================================== Chandan Kumar @ Chandan Ray @ Karan S/O- Ram Bahadur Ray R/OVillage- Gachi Tol Rupauli, P.S.- Musrigharari, Dist.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Abhay Shanker Singh, Advocate For the State :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Darbhanga Town P.S. Case No. 320 of 2020 instituted for the offence under Sections 395 & 397 of the Indian Penal Code. 3.

The informant alleged that in the morning of 0912-2020 at about 10 AM, as he opened his jewellery shop, namely, Alankar Jewellers, five miscreants having pistol in their hands, entered into the shop and on the gun point, looted Rs. 2,19,000/- cash along with gold jewellery worth Rs. 5,35,15,040/- as well as diamond jewellery worth Rs. 10,22,288/- and fled away on two motorcycle towards north. 4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.19247 of 2024(2) dt.18-03-2024 2/3 that the petitioner is in custody since 06-12-2023. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Golu Paswan, who has been granted bail by a Co-ordinate Bench of this Court vide order dated 15-12-2022, passed in Cr. Misc. No. 44455 of 2022. Other co-accused has been granted bail by this Court, vide order dated 05-03-2024, passed in Cr. Misc. No. 68794 of 2023.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of petitioner's implication and claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner 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 Court below/concerned Court in connection with Darbhanga

Patna High Court CR. MISC. No.19247 of 2024(2) dt.18-03-2024 3/3 Town P.S. Case No. 320 of 2020.

(Rudra Prakash Mishra, J) Raj Kishore/- U T