Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45580 of 2024 Arising Out of PS. Case No.-98 Year-2021 Thana- KUDHNI District- Muzaffarpur ====================================================== Chandan Kumar Son of Late Dun Bahadur Singh R/o village - Mohjamma, P.S.- Paroo, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Kudhani P.S. Case no. 98 of 2021 instituted for the offence under Sections 413, 414, 420, 120(B)/34 of the Indian Penal Code.

As per allegation, on 15.02.2021 upon information from two persons claiming to be staff of V.T.L. company, a search raid was made in the godown of Chawdhury and Chowdhyry Infratech Private Limited where two transformers of 315 KVA were recovered allegedly stolen from Bella and Maripur site. The same were found painted with red oxide and name plate changed to evade the identification.

Patna High Court CR. MISC. No.45580 of 2024(2) dt.05-07-2024 2/3 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Neither the petitioner is named in the F.I.R. nor he was apprehended from the spot. His named sprang up during investigation where it has come that the petitioner is the power of attorney holder of the Choudhary & Choudhary Infratech Pvt. Ltd. company and except that no material has come regarding his involvement in the alleged occurrence. Moreover, similarly situated co-accused Jitendra Kumar has already been granted bail vide order dated 28.09.2022, passed in Cr. Misc. No. 18682 of 2022 by this Court.

In contra, learned A.P.P. appearing on behalf of the State vehemently opposed the prayer of bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Kudhani P.S. Case no. 98 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.45580 of 2024(2) dt.05-07-2024 3/3 satisfaction of learned A.C.J.M. 1st, West, Muzaffarpur, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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