Chandan Kumar Singh @ Chandan Kumar @Chandan Singh @ Bhaskar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41168 of 2023 Arising Out of PS. Case No.-89 Year-2022 Thana- DHANAHA District- West Champaran ====================================================== CHANDAN KUMAR SINGH @ CHANDAN KUMAR @CHANDAN SINGH @ BHASKAR SINGH son of Gorakh Singh @ Gorakhnath Singh @ Gorakh Village- Bahrampur @ Brahampur Ps- Rampur Karkhana DistDeoria U.P ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shanti Bhushan Singh For the Opposite Party/s :
Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 395, 120B of the Indian Penal Code and Section 27 of Arms Act. The prosecution case, in brief, is that on 15.4.2022, six miscreants arrived on two motorcycles at jewelery shop of the informant and looted 120gm gold, 6 kg silver and cash of Rs. 80,000/-. The miscreants also looted ornaments from shop of informant's brother and fled away. Accordingly, the present FIR.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has
Patna High Court CR. MISC. No.41168 of 2023(2) dt.14-07-2023 2/3 falsely been implicated in this case. The petitioner is not named in the FIR rather his name was surfaced in this case on the basis of confessional statement of co-accused Subham Singh @Pahalwan, before the police, which is inadmissible in the eye of law. Except suspicion, no any consistent material has come against the petitioner during investigation. Neither the petitioner was put on TI Parade nor any looted material has been recovered from his conscious possession. Moreover, similarly situated co-accused namely, Shubham Chaurasiya has already been granted bail by a co-ordinate Bench of this Court vide order dt. 7.7.2023 passed in Cr. Misc. No. 39326 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 5.4.2023.
Learned APP appearing for the state has opposed the prayer of regular bail.
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 him on bail. The above named petitioner is directed to be released on bail in connection with Dhanaha P.S. Case No. 89 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
Patna High Court CR. MISC. No.41168 of 2023(2) dt.14-07-2023 3/3 Judicial Magistrate Ist Class, Bagaha, West Champaran. (Sunil Kumar Panwar, J) Amandeep/- U T