Upendra Chaudhary @ Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31294 of 2024 Arising Out of PS. Case No.-386 Year-2015 Thana- BIHAR District- Nalanda ====================================================== Upendra Chaudhary @ Upendra Kumar S/o Kamlesh Chaudhry R/v - Silao, P.S. -Silao, Dist. Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sujata Sinha, Advocate For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bihar P.S. Case No. 386 of 2015 dated 28.08.2015 registered for the offence punishable u/ss 392, 395 and 412 of the Indian Penal Code.

3. As per the prosecution case, on the alleged date and time of the occurrence 3-4 unknown persons after breaking the lock of the door of flat of the informant entered the flat and tied the hands and feet of the informant and took away ornaments, mobiles and Rs. 60,000/- in Cash.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.31294 of 2024(2) dt.01-05-2024 2/2 this case. The petitioner is not named in the F.I.R. The name of the petitioner has surfaced in the self confessional statement of the petitioner during the course of investigation. The other coaccused person has already been granted bail by the Co-ordinate Bench of this court vide order dated 28.09.2016 passed in Cr. Misc. No. 29301 of 2016. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 18.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Biharsharif at Nalanda in connection with Bihar P.S. Case No. 386 of 2015.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T