Patna High CourtCR. MISC./67639/2021bail granted

Chandrakant Kumar v. The State Of Bihar

2022-03-24Mr. Justice Satyavrat Verma10 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61226 of 2021 Arising Out of PS. Case No.-126 Year-2021 Thana- BHAGWANPUR District- Vaishali ====================================================== VISHAL KUMAR SON OF BACHCHELAL SINGH R/O VILLAGEJARANG RAMPUR, P.S.- VAISHALI (BELSAR O.P.), DISTRICTVAISHALI ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 63360 of 2021 Arising Out of PS. Case No.-126 Year-2021 Thana- BHAGWANPUR District- Vaishali ====================================================== MD. ARISH Son of Md. Sariful Hassan @ Sariful Hassan Resident of Village- Agarpur, P.S.- Lalganj, District- Vaishali at Hajipur. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 64386 of 2021 Arising Out of PS. Case No.-126 Year-2021 Thana- BHAGWANPUR District- Vaishali ====================================================== CHANDAN KUMAR SON OF KAUSHAL KISHOR R/O VILLAGEKATARMALA, P.S.- GORAUL, DISTRICT- VAISHALI AT HAJIPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 67639 of 2021 Arising Out of PS. Case No.-126 Year-2021 Thana- BHAGWANPUR District- Vaishali ====================================================== CHANDRAKANT KUMAR S/O DILIP KUMAR SINGH R/o villageJarangrampur, P.S.- Patedhi Belsar, District- Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar

2/10 ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 2030 of 2022 Arising Out of PS. Case No.-126 Year-2021 Thana- BHAGWANPUR District- Vaishali ====================================================== 1.

SURESH PASWAN Son of Hardeo Paswan Resident of Village- Bolbar Ghat/Belwar Ghat, P.S.- Goraul, District- Vaishali at Hajipur. 2.

Amarjeet Kumar Son of Suresh Paswan Resident of Village- Bolbar Ghat/Belwar Ghat, P.S.- Goraul, District- Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 61226 of 2021) For the Petitioner/s :

Mr. Rajeev Ranjan No.II For the Opposite Party/s :

Mr. Nitya Nand Tiwary (In CRIMINAL MISCELLANEOUS No. 63360 of 2021) For the Petitioner/s :

Mr. Sachin Kumar For the Opposite Party/s :

Mr. Rajeev Nayan (In CRIMINAL MISCELLANEOUS No. 64386 of 2021) For the Petitioner/s :

Mr. Shakil Ahmad Khan For the Opposite Party/s :

Mr. Tarun Prasad Mandal (In CRIMINAL MISCELLANEOUS No. 67639 of 2021) For the Petitioner/s :

Dr. Bipin Chandra For the Opposite Party/s :

Mr. Uday Chand Prasad (In CRIMINAL MISCELLANEOUS No. 2030 of 2022) For the Petitioner/s :

Mr. Shakil Ahmad Khan For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-03-2022 CRIMINAL MISCELLANEOUS No.61226 of 2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

3/10 The learned counsel for the petitioner submits that the petitioner is in custody since 06.07.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

Allegation is of looting the informant and his companions by 3-4 accused of his vehicle and other articles as detailed in the F.I.R.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. The learned counsel further submits that the name of this petitioner transpired based on the looted mobile, which was being used by the petitioner. It is submitted that petitioner was completely unaware that the same was a looted mobile as it was given to him by his friend. The learned counsel further submits that nothing has been recovered from his possession, nor he was put on T. I. Parade.

The learned A.P.P. for the State opposes the bail application.

4/10 Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bhagwanpur P. S. Case No.126 of 2021, subject to condition that one of the bailors shall be the father of the petitioner namely, Bachchelal Singh. The application stands allowed.

CRIMINAL MISCELLANEOUS No. 63360 of 2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 06.07.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

Allegation is of looting the informant and his companions by 3-4 accused of his vehicle and other articles as detailed in the F.I.R.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and his name came in the confessional statement of co-accused Gautam

5/10 Kumar, based on which, it is alleged that house was raided and several looted articles were recovered. The learned counsel further submits that none of the articles recovered from the house of this petitioner was looted articles of the present occurrence rather the same belonged to the petitioner and he was falsely implicated by the police.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent and charge-sheet has been submitted in the case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bhagwanpur P. S. Case No.126 of 2021, subject to condition that one of the bailors shall be the father of the petitioner namely, Md. Sariful Hassan @ Sariful Hassan.

The application stands allowed.

CRIMINAL MISCELLANEOUS No. 64386 of 2021 Heard learned counsel for the petitioner and learned APP for the State.

6/10 The petitioner seeks bail in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 06.07.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

Allegation is of looting the informant and his companions by 3-4 accused of his vehicle and other articles as detailed in the F.I.R.

The learned counsel for the petitioner submits that the name of this petitioner came in the confessional statement of Gautam Kumar and petitioner was arrested and it is alleged that stolen articles and goods were recovered from his house. The learned counsel further submits that none of the goods recovered from his house was the looted articles of the present occurrence rather the same belonged to the petitioner, but was falsely implicated at the behest of the police. The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent and charge-sheet has been

7/10 submitted in the case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bhagwanpur P. S. Case No.126 of 2021, subject to condition that one of the bailors shall be the father of the petitioner namely, Kaushal Kishore. The application stands allowed.

CRIMINAL MISCELLANEOUS No. 67639 of 2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 06.07.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

Allegation is of looting the informant and his companions by 3-4 accused of his vehicle and other articles as detailed in the F.I.R.

The learned counsel for the petitioner submits that

8/10 petitioner's name transpired in the confessional statement of Vishal Kumar, based on his name transpiring in the confessional statement, the police came to his residence and alleges that recovery of stolen articles were made. The learned counsel submits that none of the articles recovered from his house belonged to the present occurrence and was falsely implicated at the behest of the police.

The learned A.P.P. for the State opposes the bail application.

CRIMINAL MISCELLANEOUS No. 2030 of 2022 Heard learned counsel for the petitioners and learned APP for the State.

9/10 The petitioners seek bail in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

The learned counsel for the petitioners submits that the petitioner no.1 is in custody since 06.07.2021 and petitioner no.2 is in custody since 16.08.2021, charge-sheet has been submitted in the case and petitioner no.2 has antecedent of one case.

Allegation is of looting the informant and his companions by 3-4 accused of his vehicle and other articles as detailed in the F.I.R.

The learned counsel for the petitioners submits that the name of these petitioners transpired in the confessional statement of co-accused Gautam Kumar, which has no evidentiary value. The learned counsel further submits that in pursuance of the name of the petitioners transpired in the confessional statement of co-accused, the house was raided and it is alleged that stolen articles were recovered from their houses. The learned counsel submits that none of the articles recovered from the house was the part of the present occurrence and the petitioners have been falsely implicated at the behest of the police.

10/10 The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioners are in custody, charge-sheet has been submitted in the case and petitioner no.1 is a person with clean antecedent, the petitioners, above-named, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bhagwanpur P. S. Case No.126 of 2021, subject to condition that one of the bailors of the petitioners shall be Binay Paswan, father-in-law of petitioner Amarjeet Kumar. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T