Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41570 of 2023 Arising Out of PS. Case No.-357 Year-2022 Thana- BIHAR District- Nalanda ====================================================== Chandan Kumar Son Of Krishna Prasad Resident Of Village- Emadpur, PsBihar, Distt- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal Sr. Advocate Mr.Rabi Bhushan Prasad No. 1 For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-08-2023 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 461, 380 of the Indian Penal Code later on Section 457, 411, 413 of the IPC was also added.

As per prosecution case, the allegation against the unknown miscreants is that they after breaking lock of the informant's shop looted cash Rs. 60,000/-, and jewellery worth of Rs. 2,50,000/- and other valuable articles. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of

Patna High Court CR. MISC. No.41570 of 2023(4) dt.24-08-2023 2/2 confessional statement of co-accused. Neither the petitioner is named in the FIR nor specific allegation of commission of theft levelled against him. It is further submitted that TIP has not been held properly and it was not confirmed that the recovered article is looted article or not. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 24.04.2023.

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 the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bihar P.S. Case No. 357 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM Nalanda at Bihar Sharif.

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