Chandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52390 of 2023 Arising Out of PS. Case No.-153 Year-2022 Thana- GARKHA District- Saran ====================================================== Chandan Singh S/O Kameshwar Prasad Singh R/O Village- Baiju Tola, Ps. Rivilganj, Dist. Saran. At Present S/O Kameshwar Prasad Singh, Electrics Works Division, P.M.C.H., Bankipore, Patna, Ps. Pirbahore, Dist. Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anjani Parashar, Adv.

For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-08-2023 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 395 of the Indian Penal Code.

3. As per the prosecution, the FIR has been lodged against unknown accused persons and the allegation against them is that they snatched the bag of the informant full of notes amounting Rs. 2,36,590/-, laptop, purse containing cards as well as motorcycle along with his i-phone.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence and antecedent of the petitioner is also clean. He submits that it has come from the rejection order of the bail that Rs.10,000/- has

Patna High Court CR. MISC. No.52390 of 2023(2) dt.19-08-2023 2/2 been recovered from the petitioner but he submits that the findings of the Trial Court is not correct as the alleged recovery was from Circle Officer-accused Rambabu Kumar on whose confessional statement name of the petitioner was figured in this case.

5. Counsel further submits that nothing incriminating has been recovered from petitioner's possession nor he is involved in such crimes.

6. Learned APP for the State opposes the prayer for bail but submits that it is true that petitioner's antecedent is clean.

7. In the present facts and circumstances, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 6 weeks from today, on furnishing bail bond to the satisfaction of the learned Judicial Magistrate, 1st Class, Saran at Chapra, in connection with Garkha P. S. Case No.153 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dr. Anshuman, J.) Ashishsingh/- U