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Patna High CourtCR. MISC./65140/2022allowed

Chandan Kumar v. The State Of Bihar

2023-03-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65140 of 2022 Arising Out of PS. Case No.-620 Year-2020 Thana- LAHERIYASARAI District- Darbhanga ====================================================== CHANDAN KUMAR S/o Sanjay Sah @ Sanjay Kumar Resident of VillageNakhas Chowk, P.S.- Town Hazipur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code.

As per prosecution case, informant alleged that on 04.12.2022, while he was returning by his motorcycle after completing his professional engagement of photography and when he reached near Shiv Temple, two persons riding on two motorcycles came and intercepted him and on the point of pistol snatched his Nixon camera and Rs. 500/-.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Merely on the basis of suspicion, he has falsely been implicated in this

Patna High Court CR. MISC. No.65140 of 2022(2) dt.02-03-2023 2/2 present case. Neither the petitioner has been put on TIP nor any incriminating articles have been recovered from his conscious possession which shows his involvement in the alleged occurrence. Moreover, similarly situated co-accused namely, Rohit Thakur @ Rohit Kumar has already been granted Anticipatory Bail in Cr. Misc No. 64153 of 2021 by co-ordinate Bench of this Court vide order dated 19.07.2022. The petitioner is languishing in judicial custody since 11.06.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Laheriasarai P.S. Case No. 620 of 2020 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., Darbhanga. (Sunil Kumar Panwar, J) Aman/Manish U T