Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23871 of 2023 Arising Out of PS. Case No.-738 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== CHANDAN KUMAR Son of Ram Sujan Mahto Resident of village - Chhapki, Ward No.- 15, P.S.- Birpur, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saket Kumar, Advocate For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Begusarai Town P.S. Case No. 738 of 2022 dated 06.12.2022 registered for the offence punishable u/s 392 of the Indian Penal Code.

As per the prosecution case, three unknown miscreants came armed with knife and pistol in their hands and looted Rs. 10 lacs from the house of the informant. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.23871 of 2023(2) dt.23-05-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the self confessional statement. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.12.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that by submitting that Rs. 1 lacs was recovered from the possession of the petitioner.

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, Begusarai in connection with Begusarai Town P.S. Case No. 738 of 2022.

The application stands allowed.

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