Patna High CourtCR. MISC./58126/2024bail granted

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

2024-08-09Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58126 of 2024 Arising Out of PS. Case No.-135 Year-2023 Thana- CHAKIA District- East Champaran ====================================================== Chandan Kumar @ Dr. Chandan Kumar, aged about 30 years, Male, Son of Kailash Ram, Resident of Village- Hindu Chakia, P.S- Chakia, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, 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 is in custody in connection with Chakia P.S Case No. 135 of 2023 registered for the offences punishable under Sections 395, 397 of the Indian Penal Code.

3. As per prosecution case, four miscreants looted Rs. 48,03,760/- from the bank on gunpoint.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is next submitted that two co-accused namely, Prabhat Kumar @ Pradeep Kumar Khuswaha @ Pradeep Kushwaha and Nitish @ Nitish Mishra have been granted bail by this Court vide order dated 20.05.2024 and 20.04.2024 passed in Cr. Misc. Nos. 29169 of 2024 and 27512 of 2024. It is also submitted that petitioner is in judicial custody since 04.05.2024.

Patna High Court CR. MISC. No.58126 of 2024(2) dt.09-08-2024 2/2

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order, and submission made by the petitioner it appears that petitioner is not named in FIR his name surfaced from the confessional statement of the co-accused person, no recovery was made from the possession of the petitioner, no TIP conducted during investigation and also considering the aforesaid facts, let the above named petitioner 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 Judicial Magistrate- 1st Class, East Champaran at Motihari in connection with Chakia P.S Case No. 135 of 2023.

(Ramesh Chand Malviya, J) Anand Kr.

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