Chandan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20100 of 2022 Arising Out of PS. Case No.-427 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== CHANDAN KUMAR SINGH Son of Abdhesh Kumar Singh Resident of Village - Thathan Bujurg, Police Station Sadar (Town), District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhas Ranjan, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Hajipur (Sadar) P.S. Case No. 427 of 2021 for the offence registered under Sections 395,412 and 439 of the Indian Penal Code.

The case of the prosecution, in brief, according to the informant, is that on 23.04.2021 at about 5:45 P.M. in the evening, after the informant had closed his jewellery shop and was going on his motorcycle, on the way at about 06:05 P.M., when he had reached near Dharhara Railway Crossing, two miscreants had pointed pistol upon

2/4 the informant, whereafter they had snatched a sum of Rs. 50,000/-, two mobile phones and purse etc. from the possession of the informant.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 30.11.2021. The learned counsel for the petitioner has further submitted that though the petitioner is an accused in three other cases but he is on bail in the said three cases. It is also submitted that no Test Identification Parade has been held till date so as to connect the petitioner with the alleged crime and, moreover, no looted cash/articles have been recovered from the possession of the petitioner. Lastly, it is submitted that the name of the petitioner has transpired in the present case upon confessional statement made by the co-accused person namely Sanjay Kumar Paswan, on whose confessional statement, one another co-accused person namely Raju Mandal has also been implicated in the present case, but he has been

3/4 granted bail by a Co-ordinate Bench of this Court by an order dated 12.09.2022, passed in Criminal Miscellaneous No. 34591 of 2022.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the materials available in the case diary, this Court finds that neither any T.I. Parade has been held so as to connect the petitioner with the alleged crime nor any looted cash/article have been recovered from the conscious possession of the petitioner, hence, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at

4/4 Hajipur in connection with Hajipur (Sadar) P.S. Case No. 427 of 2021.

(Mohit Kumar Shah, J) S.Sb/Saurav U T