Patna High CourtCR. MISC./34049/2020bail granted

Chandan Kumar v. The State Of Bihar

2020-12-22Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34049 of 2020 Arising Out of PS. Case No.-99 Year-2020 Thana- DHARHARA District- Munger ====================================================== CHANDAN KUMAR Son of Late Sajjan Prasad Yadav Resident of VillageLagma Shivkund, P.S.- Dharhara (Hamjapur), District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Chandrasen Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-12-2020 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Dharhara (Hemjapur) P.S. Case No. 99 of 2020, disclosing offences punishable under Sections 414/34 of the Indian Penal Code.

The petitioner is in custody since 26.06.2020. It is the case of the prosecution that one Ajay Sao, an accused in Kasim Bazar P.S. Case No. 142 of 2020 had given his confessional statement before the police regarding theft of a motor bike for which Naya Ramnagar (Safiasarai) P.S. Case No. 96 of 2020 was registered. The confessional statement led to arrest of this petitioner and one Chhotu Kumar, allegedly with a looted motorcycle. Further on the basis of confessional statement of

Patna High Court CR. MISC. No.34049 of 2020(2) dt.22-12-2020 2/2 Chhotu Kumar another looted motorcycle was allegedly recovered from the campus of the petitioner's house. Learned counsel appearing on behalf of the petitioner has submitted that there is no material to suggest that the petitioner had participated in any loot of motorcycle and allegation against him is of receiving stolen motorcycle for the purpose of selling the same. He has submitted that the petitioner has been falsely implicated merely on the basis of confessional statement.

Be that as it may, considering the nature of accusation against the petitioner and his custody since 26.06.2020, this application is allowed.

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 the learned Judicial Magistrate, First Class, Munger in Dharhara (Hamjapur) P.S. Case No. 99 of 2020.

(Chakradhari Sharan Singh, J) arun/- U