Chhotan Kumar @ Chhotan Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47629 of 2023 Arising Out of PS. Case No.-214 Year-2023 Thana- KESARIA District- East Champaran ====================================================== CHHOTAN KUMAR @ CHHOTAN KUMAR DAS S/O MOHAN DAS R/O Village- Hariharpur Ward No. 16, P.S- Kesariya, Distt.- 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.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 01-08-2023 1.

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

2.

Petitioner seeks regular bail in connection with Kesariya P.S. Case No.214 of 2023 dated 25.04.2023 registered for the offence/s 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 instant matter relates to loot of a motorcycle from the possession of the informant but as per FIR the alleged offence was committed by three unknown persons and during investigation the petitioner was arrested on suspicion and thereafter police got his confessional statement on that basis he has been made accused in the present matter. Further submissions are that after

Patna High Court CR. MISC. No.47629 of 2023(2) dt.01-08-2023 2/2 petitioner's arrest the police failed to recover any incriminating material from the petitioner's possession and even he was not put on Test Identification Parade and against him the investigation has been completed and he has fair and clean antecedent.

4.

Learned APP appearing for the State opposes the bail prayer.

5.

Considering the above submissions and mainly taking into account petitioner's fair and clean antecedent and completion of investigation against him and the circumstances pointed out by learned counsel for the petitioner which go in favour of the petitioner, this Court is inclined to accept his prayer for bail. Accordingly, let the petitioner namedabove be released on bail in connection with Kesariya P.S. Case No.214 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) sangam/- U T