Chandan Kumar @ Puran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44508 of 2023 Arising Out of PS. Case No.-199 Year-2023 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Chandan Kumar @ Puran Son Of Ashok Kumar @ Budhan Sharma Resident Of Village- Ayarkotha, Ps- Darihat, Dist- Rohtas At Sasaram (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Nayan For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 379 and 411 of the Indian Penal Code.

3. As per prosecution case, some unknown persons committed theft of the truck of the informant, which was loaded with wheat bran(choker).

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of other co-accused person, namely, Angad Kumar before the police which has got no evidentiary

Patna High Court CR. MISC. No.44508 of 2023(4) dt.12-09-2023 2/2 value in the eye of law. Nothing stolen/looted article has been recovered from the possession of the petitioner. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 31.08.2023. in Cr. Misc. No. 50060 of 2023. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 16.04.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Sasaram Mufassil P.S. Case No. 199 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 Sub Judge-IV-cum-Assistant Chief Judicial Magistrate, Sasaram (Rohtas).

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