Chhotu Kumar @ Kaliya @ Vicky v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33583 of 2021 Arising Out of PS. Case No.-212 Year-2020 Thana- BUDDHACOLONY District- Patna ====================================================== CHHOTU KUMAR @ KALIYA @ VICKY Son of Late Om Prakash Mahto R/O - Patna City, Noon ka Chauraha, P.S.- Khajekala, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anant Kumar 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-03-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Budha Colony P.S. Case No. 212/2020 registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code 1860.

The FIR has been lodged by the informant that a theft was committed by unknown thief in his chamber and a sum of Rs.38,000/- was stolen from the drawer. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of confessional statement made by the co-accused

Patna High Court CR. MISC. No.33583 of 2021(5) dt.31-03-2022 2/3 Vikash Kumar who was identified in the CCTV footage. Learned counsel further submits that the petitioner has not been put on Test Identification Parade and he was not identified in the CCTV footage during course of investigation. He next submits that no looted article and/or incriminating material has been recovered from possession of the petitioner and co-accused Vikash Kumar has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. 37488 of 2021. The petitioner is in custody since 17.12.2020.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that co-accused Vikash Kumar has been granted bail by a co-ordinate Bench of this Court and no looted article and/or incriminating material has been recovered from possession of the petitioner, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - II,

Patna High Court CR. MISC. No.33583 of 2021(5) dt.31-03-2022 3/3 Patna, Distt. Patna, in connection with Budha Colony P.S. Case No. 212/2020 subject to the condition that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

(Anil Kumar Sinha, J) S.Ali/- U T