Chandan Kumar @ Janendra Mandal @ Janendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49555 of 2023 Arising Out of PS. Case No.-416 Year-2021 Thana- NAUGACHIA District- Bhagalpur ====================================================== CHANDAN KUMAR @ JANENDRA MANDAL @ JANENDRA KUMAR SON OF RAJ KUMAR MANDAL RESIDENT OF VILLAGE - TARNI BASE, P.S. - PURAINI, DISTRICT - MADHEPURA ... ... Petitioner/s

Versus

THE STATE OF BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 395 and 397 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, some unknown miscreants overtake the informant's vehicle and stopped his vehicle on the point of weapons, out of whom one miscreant shot fired in the air. It is further alleged that one miscreant fired upon the driver and brother of the informant due to which, they sustained injury. The miscreants has taken away Rs. 50,000/- from his pocket and Rs. 1 lac from his vehicle and they also snatched mobile.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.49555 of 2023(2) dt.11-08-2023 2/2 that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged agaisnt unknown persons. He submitted that co-accused namely Md. Azhar Ali, on whom confession the name of the petitioer has come into light, has already been granted bail by learned Court below. No incriminating/looted article has been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He is languishing in judicial custody since 20.04.2023.

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 petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Naugachia P.S. Case No. 416 of 2021.

(Sunil Kumar Panwar, J) arish/- U T