Chander Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41471 of 2023 Arising Out of PS. Case No.-224 Year-2022 Thana- MURLIGANJ District- Madhepura ====================================================== Chander Bhushan Kumar Son Of Bhedanand Yadav Resident Of VillageBrindawan, Ward No. 08, Ps- Murliganj, Distt- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Anil 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 filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 394 of the Indian Penal Code 27 of the Arms Act. Later on Section 397 of the IPC was added. As per allegation case, on 12.05.2022 while the informant was going to his home after withdrawing Rs,4,11,000/- from the bank, in the way four unknown miscreants on motorcycle came and fired by pistol which hit o n his left hand. They snatched the informant's bag containing money and papers and thereafter they fled away. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and

Patna High Court CR. MISC. No.41471 of 2023(2) dt.14-07-2023 2/2 his name has been transpired on the basis of confessional statement of co-accused Rituraj Kumar @ Rituraj Yadav which has got no evidentiary value in the eye of law. Neither any looted articles or cash has been recovered from the conscious possession of the petitioner or from his house nor the petitioner has been put on T.I.P. till date. It is also submitted that petitioner is languishing in judicial custody since 17.03.2023. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Murliganj P.S. Case No. 224 of 2022 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 1st Class, Madhepura.

(Sunil Kumar Panwar, J) lata/- U T