Jitendra Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34969 of 2020 Arising Out of PS. Case No.-341 Year-2019 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Jitendra Chouhan son of Dayashankar Chouhan @ Dayashankar Chauhan R/o Village- Mahadah, P.S.- Buxar Muffasil, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramakant Yadav For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-12-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri Ashok Kumar, the learned A.P.P. appearing for the State. The petitioner seeks regular bail in connection with Buxar (M) P.S. Case No. 341 of 2019 for the offence punishable under Section 392 of the Indian Penal Code.

The informant has alleged that three unknown persons riding on a motorcycle had surrounded him on the alleged date and time of occurrence, where-after they had snatched his motorcycle, mobile phone and a sum of Rs. 500/-. The learned counsel for the petitioner has

Patna High Court CR. MISC. No.34969 of 2020(2) dt.22-12-2020 2/3 submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 24.12.2019. The learned counsel for the petitioner has further submitted that neither the looted articles have been recovered from the petitioner nor any test identification parade has been held so as to connect the petitioner with the alleged crime.

Per contra, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the fact that neither any looted article has been recovered from the petitioner nor any test identification parade has been held so as to connect the petitioner with the alleged crime, I deem it fit and proper to direct for release of the petitioner on regular bail, however, subject to verification as to whether the test identification parade has been held or not.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the

Patna High Court CR. MISC. No.34969 of 2020(2) dt.22-12-2020 3/3 satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Buxar (M) P.S. Case No. 341 of 2019. (Mohit Kumar Shah, J) Tiwary/- U T