Shekhar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46155 of 2021 Arising Out of PS. Case No.-18 Year-2021 Thana- SONEPUR District- Saran ====================================================== SHEKHAR CHAUDHARY Son of Raj Ballam Chaudhary @ Raj Ballabha Chaudhary Resident of Village- Fatehpur Chain, Police Station- Awatarnagar, District- Saran, Chhapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-01-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 395 of the Indian Penal Code.

As per the prosecution case, 5-6 miscreants riding on a Safari car intercepted the informant and on the point of gun looted cash and pick up van loaded with 65 she goats. Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner has come in this case during the course of investigation in the confessional statement of co-accused, Suraj Kumar Rai, who was apprehended with vehicle used in the aforesaid crime. Save and except confessional statement there is no other material on

Patna High Court CR. MISC. No.46155 of 2021(3) dt.07-01-2022 2/2 record to show the complicity of this petitioner in the aforesaid crime. It is submitted that it is an error of record that vehicle in question belongs to the petitioner. No incriminating article has been recovered from the possession of the petitioner and till date the petitioner has not been put on Test Identification Parade. Petitioner claims clean antecedent and is in custody since 09.03.2021 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Sonepur PS case No.18/2021.

(Prabhat Kumar Singh, J) BKS/- U T