Lakhi Chandra Kumar @ Lucky Shen Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 51367 of 2023 Arising Out of PS. Case No.-738 Year-2022 Thana- AMARPUR District- Banka ====================================================== 1.
LAKHI CHANDRA KUMAR @ LUCKY SHEN KUMAR Son of Late Ashok Sah Resident of Village-Dumrama, Police Station-Amarpur, DistrictBanka 2.
PARSHURAM SAH @ PARSHURAM KUMAR Son of Ashok Sah @ Ashu Sah Resident of Village-Dumrama, Police Station-Amarpur, District-Banka ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar For the Opposite Party/s :
Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 406, 420, 379/34 of the Indian Penal Code.
3. As per prosecution case, the informant went to his house for some time leaving his staff co-accused namely, Rahul Kumar and when he returned then saw that Rahul was not at shop and counter was opened and golden ornaments of about
Patna High Court CR. MISC. No. 51367 of 2023(2) dt.11-08-2023 2/3 150 grams and Rs. 27,000/- were missing from the counter. The informant called Rahul over his phone, but his phone was switched off.
4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. On the basis of suspicion, they have implicated in the present case. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioners. No T.I. Parade has been done. He further submitted that the other co-accused, from whose possession stolen articles recovered has already been granted bail by a Coordinate Bench vide order dated 27.07.2023 passed in Cr. Misc. No. 45161 of 2023. They are languishing in judicial custody since 27.12.2022.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No. 51367 of 2023(2) dt.11-08-2023 3/3 satisfaction of the learned Court below in connection with Amarpur P.S. Case No. 738 of 2022.
(Sunil Kumar Panwar, J) arish/- U T