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Patna High CourtCR. MISC./48167/2023bail granted

Chanchal Yadav v. The State Of Bihar

2023-08-08Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48167 of 2023 Arising Out of PS. Case No.-165 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== Chanchal Yadav Son Of Vinod Prasad @ Vinod Rai Resident Of VillageWajitpur, Ps- Madhuban, Dist- East Champaran At Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Kalyanpur P.S. Case No. 165 of 2023 dated 10.05.2023 registered for the offence punishable u/s 392 of the Indian Penal Code.

4. As per the prosecution case, four unknown miscreants boarded on two motorcycles surrounded the informant and looted the key of the motorcycle, ledger book, Rs. 1,17000/-in cash and Vivo mobile phone from the

Patna High Court CR. MISC. No.48167 of 2023(2) dt.08-08-2023 2/2 informant.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Manjeet Singh. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.05.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Motihari, East Champaran in connection with Kalyanpur P.S. Case No. 165 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T