Patna High CourtCR. MISC./41482/2023bail granted

Subash Kumar Chauhan @ Subash Kumar v. The State Of Bihar

2023-07-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41482 of 2023 Arising Out of PS. Case No.-468 Year-2016 Thana- SIWAN CITY District- Siwan ====================================================== SUBASH KUMAR CHAUHAN @ SUBASH KUMAR S/O KISHUNDEV MAHATO R/O VILLAGE- JASAULI, PAKAULI, PS. PACHRUKHI, DIST. SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

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

3. The petitioner has preferred this application for grant of regular bail in connection with Siwan Town P.S. Case No. 468 of 2016 dated 24.07.2016 registered for the offence punishable under Section 420, 467, 468, 471 and 120B of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have demanded extortion money from the informant.

Patna High Court CR. MISC. No.41482 of 2023(2) dt.24-07-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The other co-accused person has already been granted anticipatory bail by the Co-ordinate Bench of this Court vide order dated 27.08.2020 passed in Cr. Misc. No. 13626 of 2020. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 23.05.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Siwan in connection with Siwan Town P.S. Case No. 468 of 2016.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T