Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63934 of 2021 Arising Out of PS. Case No.-16 Year-2020 Thana- NASRIGANJ District- Rohtas ====================================================== CHANDAN KUMAR, S/O SATYENDRA PRASAD R/o villageNasirnachak, P.S.- Dhanaruan, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jay Ram Prasad For the Opposite Party/s :
Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-03-2022 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in a case registered for the offences under Section 392 and 394 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is in custody since 19.03.2021, charge-sheet has been submitted and has antecedent of seven cases. It is submitted that the petitioner is on bail in five cases and in most of the cases, the petitioner has been implicated based on confessional statement in cases which were instituted against unknown. The learned counsel for the petitioner further submits that informant alleges that he along with his wife and the driver were going to his village, Bhojpur on a Swift desire car, they were intercepted by 3-4 unknown criminals, who were driving
Patna High Court CR. MISC. No.63934 of 2021(2) dt.30-03-2022 2/3 the Scorpio, further, the accused forcefully made the informant, his wife and driver sit in the Scorpio and after some distance, pushed them out of the car and fled away with bag containing worth Rs. 1.50 laksh along with three mobile and Rs.5000/- from the pocket of the driver of the informant. Further, they fled away along with swift desire car.
The learned counsel for the petitioner submits that FIR was against unknown, the name of this petitioner transpired in the confessional statement of Azad Kumar and Vikas Kumar and the petitioner was also made to confess his participation in the crime when he was in custody in Fatuha P.S. Case No. 83 of 2020. It is further submitted that neither the petitioner has been put on TI Parade nor any incriminating article was recovered from his possession, merely because the petitioner has antecedent as such again he has been implicated in a cases instituted against unknown. Learned counsel further submits that co-accused, Ashlok Kumar, has been granted bail by order dated 21.03.2022 passed in Cr. Misc. No.60618 of 2021 and Dharmendra Kumar @ Doma has been granted bail by order dated 22.03.2022 passed in Cr. Misc. No. 61587 of 2021. The learned A.P.P. opposes the bail application. Considering the fact that the petitioner is in custody
Patna High Court CR. MISC. No.63934 of 2021(2) dt.30-03-2022 3/3 since 19.03.2021, charge-sheet has been submitted and taking into consideration the submission made by learned counsel for the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Nasriganj P.S. Case No. 16 of 2020, with a condition that one of the bailor shall be the father of the petitioner (Satendra Prasad). The application stands allowed.
(Satyavrat Verma, J) sanjeev/- U T