Chandan @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5977 of 2021 Arising Out of PS. Case No.-468 Year-2017 Thana- MADHAURAH District- Saran ====================================================== CHANDAN @ CHANDAN KUMAR S/o Kanhai Sah Resident of VillageGhataro Chaiturbhuj, P.S.- Kartaha, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-04-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. 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 394 of the Indian Penal Code. While the informant was returning to his home, on way, three motorcycle borne miscreants are said to have forcibly looted his motorcycle along with his mobile phone. 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 merely on

Patna High Court CR. MISC. No.5977 of 2021(2) dt.15-04-2021 2/2 suspicion. 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 T.I. parade has been conducted. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring the confessional statement of Abhimanyu Kumar which has no evidentiary value in the eye of law. The petitioner has no criminal antecedent and has been languishing in custody since 28.09.2020.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Madhaurah P.S. Case No.468 of 2017.

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