Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49000 of 2021 Arising Out of PS. Case No.-37 Year-2021 Thana- DARPA District- East Champaran ====================================================== CHHOTU KUMAR S/o LALBABU SAH R/o VILLAGE- SHYAMPUR, P.SADAPUR, DISTRICT-EAST CHAMPARAN. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Karandeep Kumar, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Darpa P.S. Case No. 37 of 2021 instituted for the offence under Section 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 18.06.2021, charge-sheet has been submitted and has antecedent of one case as mentioned in para 3 of the bail application and the allegation is of looting the motorcycle and bag containing Rs.2,10,000/- of the informant by two unknown criminals.

Learned counsel for the petitioner further submits that the FIR was against unknown and the petitioner came to be

Patna High Court CR. MISC. No.49000 of 2021(2) dt.27-01-2022 2/3 arrested in Darpa P.S. Case No. 39 of 2021 and in that case, he was made to confess his participation in the present case. Learned counsel next submits that confession in police custody has no evidentiary value in the eyes of law nor any incriminating article was recovered from possession of the petitioner nor he was put on T.I. Parade.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody and charge-sheet has been submitted in this case, let the petitioner above named be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty-Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Raxaul, East Champaran in connection with Darpa P.S. Case No. 37 of 2021, subject to the condition that one of the bailors shall be the father of the petitioner, namely, Lalbabu Sah and further that the petitioner in between 25th to 30th of every month commencing from February, 2022 will keep marking his attendance in the concerned police station till framing of the charges and, in the event, it is reported by the concerned police station to the learned court below that the petitioner in between the aforesaid dates in any of the month

Patna High Court CR. MISC. No.49000 of 2021(2) dt.27-01-2022 3/3 before framing of the charges has not marked his attendance, the learned court below will forthwith cancel the bail bonds of the petitioner.

(Satyavrat Verma, J) Kundan/- U T