Patna High CourtCR. MISC./33419/2023allowed

Chand Kumar v. The State Of Bihar

2023-06-24Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33419 of 2023 Arising Out of PS. Case No.-61 Year-2022 Thana- MURLIGANJ District- Madhepura ====================================================== Chand Kumar, Son of Late Shidhyanand Rajak Resident of Village-Murliganj, Ward No.-15, Police Station-Murliganj, District-Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Murliganj P.S. Case No. 61 of 2022, registered for the offences punishable under Sections 457, 380 of the Indian Penal Code. As per the prosecution case, some unknown accused persons broke the grill lock of the Smart Class at the school and took away the T.V., Inverter, battery, pendrive, cable and remote of the T.V. total worth of about Rs. 90,000/- Learned counsel for the petitioner submits that the petitioner is innocent and there is neither any recovery of stolen article from the conscious possession of the petitioner nor from his house rather same has been recovered from the another place as shown by the police. Recovered articles were not put on Test

Patna High Court CR. MISC. No.33419 of 2023(2) dt.24-06-2023 2/2 Identification Parade before the informant and the police has implicated him in another two cases also. Petitioner is in jail custody since 22.10.2022. Charge-sheet has already been submitted and there is no chance of absconding of the petitioner or tampering with the evidence.

Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Considering the facts and circumstances of the case let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- IIIrd, Madhepura in connection with Murliganj P.S. Case No. 61 of 2022. (Sunil Dutta Mishra, J) ashutosh/- U