Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54582 of 2024 Arising Out of PS. Case No.-77 Year-2024 Thana- MINAPUR District- Muzaffarpur ====================================================== Chandan Kumar SON OF RAKESH PRASAD Resident of Village- Gadai Chak, P.S.- Minapur, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhavesh Kumar, Advocate For the Opposite Party/s :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Minapur P.S. Case No. 77 of 2024 instituted for the offences punishable under Sections 379, 401, 413, 414 and 34 of the Indian Penal Code and Sections 25(1-b)a, 25(1-A), 25(1-AA), 26 and 35 of the Arms Act.
3. As per the prosecution case, the allegation against the petitioner is that he along with three co-accused persons arrested with stolen motorcycle. It is further alleged that one country made pistol was also recovered from the possession of the petitioner.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.54582 of 2024(2) dt.09-08-2024 2/2 petitioner is innocent and has committed no offence and has falsely been implicated in this case only on the basis of suspicion. He further submits that nothing incriminating articles has been recovered from the conscious possession of the petitioner. He next submits that the entire prosecution story is based on suspicion and surmises and there is no any cogent material available on record to connect the petitioner in the alleged crime and petitioner is in custody since 27.02.2024. Similarly situated co-accused has been granted bail by this Court passed in Cr. Misc. No. 49641 of 2024.
5. Learned APP opposes the prayer for bail.
6. Considering the aforesaid facts and circumstances of the case as well as the period of the custody on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Muzaffarpur in connection with Minapur P.S. Case No. 77 of 2024.
(Ramesh Chand Malviya, J) Brajesh Kumar/- U T