Patna High CourtCR. MISC./9394/2021bail granted

Chiku Kumar v. The State Of Bihar

2021-12-23Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9394 of 2021 Arising Out of PS. Case No.-228 Year-2020 Thana- MADANPUR District- Aurangabad ====================================================== Chiku Kumar Son of Prashidh Singh Resident of Village - Jaipal bigha (Doman Bigha), P.S.- Madanpur, District - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate Mr. Pramendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-12-2021 Heard Mr. Sanjay Kumar, learned Advocate for the petitioner and Mr. Md. Nazir Ansari, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Madanpur P.S. Case No. 228 of 2020 dated 10.10.2020 instituted for the offence under Section 392 of the Indian Penal Code.

The FIR has been registered against unknown by the informant whose motorcycle was snatched away by four miscreants. During the course of investigation, one Himanshu Kumar was arrested, who confessed his guilt and named the petitioner also as one of his associates. On the pointing of aforesaid Himanshu Kumar, the stolen motorcycle was recovered from the house of one Golu Kumar, another accused person.

Patna High Court CR. MISC. No.9394 of 2021(3) dt.23-12-2021 2/2 The petitioner is in no way associated with either Himanshu Kumar or Golu Kumar. Nothing has been recovered from his constructive possession. The petitioner has clean antecedents.

Thus, the only material against the petitioner is the confession of an arrested accused person. For the aforestated facts and taking into account that the petitioner is a student, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Madanpur P.S. Case No. 228 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T