Chandan Kumar @ Chandan Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1462 of 2021 Arising Out of PS. Case No.-31 Year-2020 Thana- BAJPATTI District- Sitamarhi ====================================================== CHANDAN KUMAR @ CHANDAN PANDIT Son of RAM EKBAL PANDIT Resident of Village - Babu Narha, P.S. - Bajpatti, District - Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. While the informant along with his nephew after withdrawing a sum of Rs.98,700/- proceeded from Bajpatti by his motorcycle and when he reached towards 50 yards east from Shiv Temple near Sadhwara Charki, then three motorcycle

Patna High Court CR. MISC. No.1462 of 2021(2) dt.08-03-2021 2/3 borne miscreants intercepted his motorcycle and are said to have snatched the bag containing the money on the point of pistol and his mobile phone. Thereafter, the miscreants managed to escape from the place of occurrence.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. He is neither named in the F.I.R. nor was apprehended on the spot. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. No test identification parade has been conducted. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring his confessional statement which has no evidentiary value in the eye of law. The petitioner has been languishing in custody since 18.06.2020.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail, after framing of charge, and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.1462 of 2021(2) dt.08-03-2021 3/3 each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Pupri, Sitamarhi in connection with Bajpatti P.S. Case No.31 of 2020.

(Anjani Kumar Sharan, J) Trivedi/- U T