Chandan Kumar @ Chandu Yadav @ Chandan Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23300 of 2024 Arising Out of PS. Case No.-76 Year-2023 Thana- SHAHKUND District- Bhagalpur ====================================================== Chandan Kumar @ Chandu Yadav @ Chandan Kumar Yadav, S/O Ramdev Yadav @ Ramde Yadav, R/O Village- Jankipur, P.S- Amarpur, Distt.- Banka. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vishwa Ranjan Choudhary, Advocate For the Opposite Party/s :
Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Shahkund (Sajour) P.S. Case No. 76/2023, lodged on 25.02.2023 under Section 392 of the Indian Penal Code.
3. As per the prosecution case, the present FIR has been lodged against three unknown accused persons with an allegation of committing robbery of two cameras, two mobile phones, ATMs and cash amount of Rs.17,500/-.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR, rather his name has figured in this case by virtue of confessional statement of a co-accused, Ankit Kumar from whose possession article subject to robbery
Patna High Court CR. MISC. No.23300 of 2024(2) dt.04-04-2024 2/2 has been recovered. The petitioner's name has surfaced in this case only due to the reason that the antecedent of the petitioner is not clean as he is accused in 10 more criminal cases, but in all the cases, he has been granted bail. The petitioner is in custody since 09.06.2023.
5. Learned counsel for the State opposes the prayer for bail and submits that the antecedent of the petitioner is not clean and he has been identified by one of the witnesses during the Test Identification parade.
6. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner.
7. Accordingly, the prayer for regular bail of the petitioner in connection with Shahkund (Sajour) P.S. Case No. 76/2023, pending before the learned ACJM, VIII, Bhagalpur is hereby rejected.
9. However, the trial Court is directed to expedite the trial.
(Dr. Anshuman, J) Ashwini/- U T