Patna High CourtCR. MISC./28972/2024bail granted

Chunnu Patel @ Brij Patel v. The State Of Bihar

2024-04-20Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28972 of 2024 Arising Out of PS. Case No.-348 Year-2022 Thana- KOCHAS District- Rohtas ====================================================== Chunnu Patel @ Brij Patel s/o- Jay Kumar Singh @ Swetha Singh R/o VillPatarhi, P.S- Sheosagar, Dist- Rohtas at sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kochas P.S. Case No. 348 of 2022 instituted for the offences under Sections 395 and 412 of the Indian Penal Code.

3. As per prosecution case, some unknown miscreants looted the cash of Rs. 2,900/-, mobile, battery and jack of the Hyva truck of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light merely on the basis of

Patna High Court CR. MISC. No.28972 of 2024(2) dt.20-04-2024 2/3 confessional statement of co-accused Banti Kumar Patel, which has no evidentiary value in the eyes of law. The petitioner has got no concern with the alleged occurrence. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has not been put on Test Identification Parade to ascertain his participation in the alleged occurrence. Charge-sheet has been submitted in this case. It is next submitted by learned counsel for the petitioner that charge has been framed against the petitioner. The petitioner has been remanded in this case from another case on 15.12.20222 and since then he is languishing in judicial custody and has four criminal antecedents.

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

6. Considering the facts and circumstances of the case as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. 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 Kochas P.S. Case No. 348 of 2022, Subject to following conditions:

Patna High Court CR. MISC. No.28972 of 2024(2) dt.20-04-2024 3/3 (i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Arish/- U T