Chandan Kumar @ Bhola v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55732 of 2023 Arising Out of PS. Case No.-686 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Chandan Kumar @ Bhola Son Of Late Arvind Rai R/O Village- Narayanpur Dedhpura, P.S- Mahnar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 393, 307 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, while the informant along with his nephew was going on motorcycle, meanwhile, three accused persons tried to robbed them and also fired upon informant. Accordingly, the present FIR.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The prosecution case lodged against unknown and the name of the petitioner sprang up in the present case on the basis of confessional statement of co-accused Biru Paswan. It is further

Patna High Court CR. MISC. No.55732 of 2023(3) dt.20-09-2023 2/2 submitted the confession before police is inadmissible in the eye of law. During course of investigation, no any consistent material has come on record which suggests the complicity of the petitioner. Nothing has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 25.4.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hajipur Sadar P.S. Case No. 686 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge XII, Hajipur at Vaishali. (Sunil Kumar Panwar, J) Amandeep/- U T