Kanhaiya Chaudhary @ Murari Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57240 of 2023 Arising Out of PS. Case No.-93 Year-2022 Thana- PIPRA District- Supaul ====================================================== Kanhaiya Chaudhary @ Murari Chaudhary, Son of Late Deo Narayan Choudhary, R/o Latauna, Ward no. 3, P.S. - Triveniganj, District- Supaul, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Kr. Singh, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Pipra P.S. Case no. 93 of 2022 under section 392 of the Indian Penal Code.

3. As per the prosecution case, while the informant who works in a finance company, after collection of money was returning on his motorcycle, it is stated that two accused persons on another motorcycle snatched the bag of the informant containing Rs.2,25,400/- and other receipts/documents and escaped.

4. Learned counsel for the petitioner submits that the FIR was registered against two unknown. The petitioner was falsely implicated in the case in course of investigation on the basis of his alleged confessional statement made before the

Patna High Court CR. MISC. No.57240 of 2023(4) dt.08-11-2023 2/2 police in another case. Neither any incriminating article has been recovered from the petitioner's possession nor has he been put on T.I. Parade inspite of his being in custody for more than 1 year since 3.6.2022 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State who submits that the petitioner has a number of criminal antecedents.

6. Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation, no incriminating article having been recovered from the petitioner's possession, the petitioner not having been put on T.I. Parade inspite of being in custody since 3.6.2022 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Pipra P.S. Case no. 93 of 2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III, Supaul.

(Partha Sarthy, J) avinash/- U T