Chandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37761 of 2020 Arising Out of PS. Case No.-368 Year-2019 Thana- PATAHI District- East Champaran ====================================================== CHANDAN SINGH, aged about 35 years (M), Son of Shambhu Singh @ Shambhu Kumar Singh, Resident of Village - Khutauna, P.S.- Patahi, District - East Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Umesh Chandra Verma, Advocate.

For the Opposite Party :

Mrs. Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-02-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 392 of the I.P.C.

The prosecution story, in brief, is that the son of the informant, namely, Kamlendra Kumar Kaushal, runs a Petrol Pump at village-Mirjapur. On 25.12.2019 at about 16.15 hours, Nozalman, Arvind Kumar was selling petrol, in the meantime, three riders on a Motorcycle came and demanded petrol of Rs. 200/-. After taking petrol the riders of the Motorcycle pointed

Patna High Court CR. MISC. No.37761 of 2020(2) dt.05-02-2021 2/3 pistol on the temple of Arvind Kumar and snatched sale proceed worth Rs. 70,520/- from him and fled away on the Motorcycle towards Kodariya Road. The aforesaid riders were covered their face by white colour Gamacha.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 06.03.2020. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has come in the present case on the basis of confessional statement of co-accused. Neither the petitioner has been put on T.I. Parade to ascertain his participation in the alleged occurrence nor there is recovery of any incriminating article from possession of the petitioner.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. Considering the aforesaid facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned 8th A.C.J.M. Motihari, East

Patna High Court CR. MISC. No.37761 of 2020(2) dt.05-02-2021 3/3 Champaran, in connection with Patahi P.S. Case No. 368 of 2019.

(Sudhir Singh, J) U.K./- U T