Ghanshyam Bharti @ Chhotan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51338 of 2025 Arising Out of PS. Case No.-326 Year-2024 Thana- DHANARUA District- Patna ====================================================== Ghanshyam Bharti @ Chhotan S/o Munshi Giri R/o Sinkandarpur, P.S.- Shahpur, Distt- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akash Kumar Mishra, Advocate For the Opposite Party/s :
Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Dhanarua P.S. Case No. 326 of 2024 registered for the alleged offences under Sections 395 and 397 of the Indian Penal Code.
3. As per prosecution case, a dacoity was committed in presence of the customers in Utkarsh Bank. However, the docoits, three in number, entered into bank covering their faces and were able to take away only Rs.28,100/- from the cash counter and the employees and also took away a mobile phone. The name of the petitioner transpired during investigation for being involved in the dacoity.
Patna High Court CR. MISC. No.51338 of 2025(2) dt.11-08-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The name of the petitioner transpired on the basis of confessional statement of co-accused Pintu Kumar but nothing incriminating has been recovered from the person or possession of the petitioner, who was not apprehended from the spot. Except for the confessional statement, there is no material against this petitioner. The petitioner is in custody since 28.10.2024 and charge sheet has been submitted. But till date no Test Identification Parade has been conducted. The petitioner is having criminal antecedent of three cases but he is on bail in all the cases.
5. Learned APP opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from the petitioner and further considering the period of custody of the petitioner and submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial
Patna High Court CR. MISC. No.51338 of 2025(2) dt.11-08-2025 3/3 Magistrate, Masaurhi/concerned Court in connection with Dhanaura P.S. Case No. 326 of 2024, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) DKS/- U T