Chhotu Kumar @ Navin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47739 of 2023 Arising Out of PS. Case No.-110 Year-2023 Thana- PATAHI District- East Champaran ====================================================== Chhotu Kumar @ Navin, S/O Jailal Ram, R/O Village- Bokane Kala Miya Gachhi, P.S. Patahi, Dist. East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-08-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Patahi P.S. Case No. 110 of 2023 dated 13.04.2023 registered for the offence punishable under Section(s) 392 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner is not named in the FIR, though the instant matter relates to loot of Rs. 25,800/- but against this petitioner there is no evidence except the confessional statements of co-accused persons namely, Saroj Paswan and Raja Kumar which have no evidentiary value in the eye of law and the petitioner was not put on test identification parade after his arrest in the present matter and neither looted

Patna High Court CR. MISC. No.47739 of 2023(2) dt.02-08-2023 2/2 money nor any incriminating material was recovered from his possession. Further submissions are that the petitioner has fair and clean antecedent and has been languishing in jail since 15.04.2023 and against him the investigation has been completed.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly petitioner's plea that after his arrest he was not put on test identification parade by the police and no incriminating material connecting him to the alleged crime was recovered from his possession and also taking into account the completion of investigation against him as well as his fair and clean antecedent, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Patahi P.S. Case No. 110 of 2023 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U T