Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41483 of 2021 Arising Out of PS. Case No.-205 Year-2021 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Chandan Kumar S/o- Kamleshwari Sah @ Kamleshari Sah R/O Village - Alamnagar Purvi, Baisa Tola, Ward No. -09, P.S. - Alamnagar, District - Madhepura. At present Resident of Mohalla - Houshing Board Colony, Ward no. -29, P.S.- Barari, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-01-2022 Heard.

The petitioner seeks regular bail in connection with Kotwali (Tilkamanjhi) P.S. Case No. 205 of 2021, registered for the offence punishable under Section 392 of the Indian Penal Code.

The allegation is regarding unknown miscreants having snatched the bag of the wife of the informant, while the informant and his family were travelling on a tempo. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 16.4.2021. The learned counsel for the

Patna High Court CR. MISC. No.41483 of 2021(2) dt.03-01-2022 2/3 petitioner, by referring to paragraph No. 10 of the present petition, has further submitted that the petitioner was arrested by the police showing recovery of looted articles from the rented house where many persons including land owner are residing, hence the petitioner cannot be said to be having any complicity in the alleged occurrence, especially in view of the fact that neither any T.I. Parade has been held so as to connect the petitioner with the alleged crime nor he has been arrested from the spot.

Per contra, the learned APP appearing for the State has vehemently opposed the prayer for regular bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that no T.I. Parade has been conducted till date so as to connect the petitioner with the alleged crime and moreover the petitioner is stated to be languishing in custody since a long time and is having a clean antecedent, I deem fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs.

Patna High Court CR. MISC. No.41483 of 2021(2) dt.03-01-2022 3/3 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhagalpur in connection with Kotwali (Tilkamanjhi) P.S. Case No. 205 of 2021. (Mohit Kumar Shah, J) Tiwary/- U T