Chhotu Kumar @ Chhotu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35249 of 2020 Arising Out of PS. Case No.-99 Year-2020 Thana- DHARHARA District- Munger ====================================================== CHHOTU KUMAR @ CHHOTU YADAV Son of Rambalak Yadav Resident of Village- Chharrapatti (Shiv Kund), P.S.- Dharhara (Hemjapur), DistrictMunger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Narayan Sah, Adv.

For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-01-2021 Heard the learned counsel for the petitioner and the learned APP for the State, Ms. Anita Kumari Singh.

The petitioner seeks regular bail in connection with Dharhara (Hemjapur) P.S. Case No. 99 of 2020, registered for the offence punishable under Sections 414/34 of the Indian Penal Code.

The allegation is regarding recovery of stolen motorcycle from the possession of the petitioner, upon confessional statement made by the apprehended co-accused person, namely, Ajay Sao @ Pandav Sao.

Patna High Court CR. MISC. No.35249 of 2020(2) dt.11-01-2021 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 26.06.2020. It is further submitted that the petitioner is a handicapped person and he has been falsely implicated in the present case as also it is submitted that similarly situated co-accused person, namely, Chandan Kumar, from whose house also, stolen motorcycle was recovered, has been granted bail by a coordinate Bench of this Court vide order dated 22.12.2020 passed in Criminal Miscellaneous No. 34049 of 2020.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the parity of the case of the petitioner with that of the coaccused person, who has already been granted

Patna High Court CR. MISC. No.35249 of 2020(2) dt.11-01-2021 3/3 bail by a coordinate Bench of this Court, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Munger in connection with Dharhara (Hemjapur) P.S. Case No. 99 of 2020.

(Mohit Kumar Shah, J) Ajay/- U T