Chandan Kumar Yadav @ Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55900 of 2023 Arising Out of PS. Case No.-748 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Chandan Kumar Yadav @ Chandan Yadav Kanhiya Yadav Resident Of Village- Bari Patti Bharwaliya, Ps- Malahi, Dist- East Champaran Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar Pankaj For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 394 of the Indian Penal Code.

3. As per prosecution case, the informant alleged that four miscreants entered his house and looted cash of Rs. 40,000/- along with golden ornaments. Thereafter, they fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in the FIR rather his name was transpired in this case on the basis of confessional statement of other co-accused. Neither the

Patna High Court CR. MISC. No.55900 of 2023(2) dt.31-08-2023 2/2 petitioner was put on TI Parade nor any incriminating article has been recovered from his conscious possession. Moreover, similarly situated co-accused namely, Bullet Kumar has already been granted bail by a co-ordinate Bench of this Court vide order dt. 3.5.2023 passed in Cr. Misc. No. 9766 of 2023 and in support of this Annexure-2 has been annexed with this petition. It is further submitted that the petitioner is languishing in judicial custody since 30.1.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gopalganj Town P.S. Case No. 748 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Gopalganj.

(Sunil Kumar Panwar, J) Amandeep/- U T