Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37028 of 2024 Arising Out of PS. Case No.-210 Year-2023 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Chandan Kumar S/o Chandu Yadav R/o vill - Khatakachk, P.S. - Vishnupad, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Advocate For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Magadh University P.S. case No. 210 of 2013 instituted for the offences under Section 392 of the Indian Penal Code. 3.

Prosecution case, in short, is that four unknown miscreants boarded on two motorcycles intercepted the informant and on the gunpoint, looted the motorcycles of the informant and fled away.

4.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case during investigation on the basis of

Patna High Court CR. MISC. No.37028 of 2024(2) dt.15-05-2024 2/2 confessional statement of co-accused Akshay Kumar @ Chhotu Kumar. Learned counsel further submitted that T.I.P. has not been conducted till date. Charge-sheet has been submitted in this case. There is no recovery of looted motorcycle from this petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.09.2023 and has two criminal antecedent. The said Akshay Kumar @ Chhotu has been granted bail by this Court vide order dated 12-03-2024, passed in Cr. Misc. No. 15690 of 2024.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner and claim based on parity, 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 Magadh University P.S. case No. 210 of 2013.

(Rudra Prakash Mishra, J) Raj Kishore/- U T