Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47535 of 2021 Arising Out of PS. Case No.-63 Year-2021 Thana- SARAI District- Vaishali ====================================================== CHANDAN KUMAR Son of Madhusudan Singh Resident of Village - Saidpur, Patedha, P.S.- Sarai, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivjee Singh, Adv.

For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-02-2022 Heard learned counsel for the parties through video conferencing.

Let the order dated 9.2.2022 passed in the instant application which has been wrongly typed as order no.4 be read as order no.2.

The petitioner has preferred this application for grant of regular bail in a case registered under section 395 of the Indian Penal Code.

As per the prosecution case, while the informant was on his way from Patna to Sitamarhi, 9-10 accused persons on the point of pistol looted the informant of his pick up van and his belongings. The informant was tied up to a tree and the accused persons escaped.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. He

Patna High Court CR. MISC. No.47535 of 2021(3) dt.16-02-2022 2/2 was arrested in connection with Lalganj P.S. Case no.107 of 2021 and an alleged confessional statement of the petitioner was recorded in the said case. Thereafter the petitioner was remanded in the instant case on 1.4.2021. Inspite of being in custody for more than 10 months and chargesheet having been submitted in the case, the petitioner has not been put on T.I. parade. No incriminating article has been recovered from the petitioner's possession. Co-accused Manoj Kumar has been enlarged on bail vide order dated 8.2.2022 passed in Cr. Misc. no.47140 of 2021.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner having remained in custody for 10 months and chargesheet having been submitted without putting the petitioner on T.I. parade, the Court directs the petitioner to be enlarged on bail in connection with Sarai P.S. Case no.63 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate XVI, Vaishali at Hajipur. (Partha Sarthy, J) Saurabh/- U T