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Patna High CourtCR. MISC./54880/2021bail granted

Chandan Kumar v. The State Of Bihar

2022-01-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54880 of 2021 Arising Out of PS. Case No.-75 Year-2021 Thana- PUSA District- Samastipur ====================================================== 1.

CHANDAN KUMAR S/O SURESH RAI R/O VILLAGE- BEGUMPUR, WARD NO. 09, P.S.- WARISNAGAR, DISTRICT- SAMASTIPUR 2.

ASHISH KUMAR S/O GANESH PRASAD SINGH R/O VILLAGEMANIPUR, DEVI ASTHAN, WARD NO. 08, P.S.- WARISNAGAR, DISTRICT- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Aprajita For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2022 Heard learned counsel for the petitioners and the State.

The matter has been taken up through video conferencing.

Petitioners seek regular bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code.

As per the prosecution case, three miscreants overtook the scooty of informant and snatched mobile, purse containing Adhar Card, ATM and voter ID card of pillion rider, Tinku Kumar, and also took away scooty containing Rs. Three Lakh in the dickey.

Learned counsel appearing for the petitioners submits

Patna High Court CR. MISC. No.54880 of 2021(3) dt.29-01-2022 2/2 that petitioners are not named in the FIR. The name of petitioners has come in this case during the course of investigation in the confessional statement of co-accused, Tinku Kumar. It is submitted that alleged recovered amount of Rs. 20,000/- from the possession of petitioner No.2 and Rs. 20,000/- and motor cycle from petitioner No.1 belong to the family of petitioners and the same have not been put on T.I. Parade or identified by the informant. Till date the petitioners have not been put on Test Identification Parade. Petitioners claims clean antecedent and are in custody since 02.08.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioners, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur in connection with Pusa PS case No.75/2021.

(Prabhat Kumar Singh, J) BKS/- U T