Abinash Kumar Chaudhary @ Lallu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39450 of 2024 Arising Out of PS. Case No.-62 Year-2022 Thana- NALANDA District- Nalanda ====================================================== Abinash Kumar Chaudhary @ Lallu Son of Munna Chaudhari R/O Vill.- Marsua, P.S.- Ben, Dist.- Nalanda ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Singh For the Opposite Party/s :
Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.
3. It is alleged by the informant that while he was going from his jewellery shop, in the meantime, two motorcycle borne miscreants intercepted and snatched cash of Rs. 5-6 thousand along with a golden locket.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named
Patna High Court CR. MISC. No.39450 of 2024(2) dt.20-06-2024 2/3 in FIR rather his name has come during the course of investigation. The petitioner was apprehended in connection with Ben P.S. Case. No. 76 of 2022, in which his confession was recorded thereafter, the informant came to the police station and identified him as well as his golden locket. Except this, no any consistent material has come against the petitioner and the confession before police is inadmissible in the eye of law. He has not been put on TI parade. Similarly situated other coaccused person has already been granted bail by this Court vide order dated 16.05.2024 in Cr. Misc. No. 35961 of 2024. Moreover, the petitioner is languishing in judicial custody since 07.07.2022.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge if the charge is not framed in connection with Nalanda P.S. Case No. 62 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th
Patna High Court CR. MISC. No.39450 of 2024(2) dt.20-06-2024 3/3 A.D.J, Nalanda at Biharsharif.
(Sunil Kumar Panwar, J) Shubham/- U T