Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1383 of 2021 Arising Out of PS. Case No.-75 Year-2020 Thana- GOPALPUR District- West Champaran ====================================================== Chandan Kumar, Male, aged about 20 years, Son of Vijay Singh, Resident of Village- Shinghashni, P.S.- Ramgadhwa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad, Advocate For the State :

Mr.Md. Fahimuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-03-2021 Learned counsel for the petitioner is permitted to remove the defects within four weeks.

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

The petitioner seeks bail in connection with Gopalpur P.S. Case No. 75 of 2020 registered for the offences punishable under Sections 413 and 414 of the Indian Penal Code. The prosecution case in short is that the informant namely Lalbahadur Ram, A.S.I. of Gopalpur Police Station filed a written report on 04.06.2020 before the S.H.O. of Gopalpur Police Station stating therein that in the night 3⁄4.06.2020, he along with others police constable was on patrolling duty and when he reached near village Ghogha, he received information that 3 persons with a motorcycle are present in the village. On such information, when the informant and other police constable reached there and saw three persons on a motorcycle in the light of Jeep. As sson as police Jeep reached there all the aforesaid 3 persons started fleeing away but one of them was caught by the

Patna High Court CR. MISC. No.1383 of 2021(2) dt.04-03-2021 2/2 police and two persons fled away. On enquiry, the apprehended accused disclosed his name as Chandan Kumar (petitioner) and also disclosed the name of fled away person as Aditya Kumar and Ankit Kumar.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. The police has apprehended the petitioner along with motorcycle. The said motorcycle is said to be the theft motorcycle. The petitioner is in jail custody since 04.06.2020 and petitioner has got no any criminal antecedent.

Learned A.P.P. for the State opposed the bail petition. In the facts and circumstances of the case, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah (West Champaran) in connection with Gopalpur P.S. Case No. 75 of 2020.

(Anjani Kumar Sharan, J) Nasimul/- U T