Patna High CourtCR. MISC./64212/2023bail granted

Chandan Gwala v. The State Of Bihar

2023-10-11Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64212 of 2023 Arising Out of PS. Case No.-62 Year-2021 Thana- LAKHNAUR District- Madhubani ====================================================== CHANDAN GWALA SON OF LATE SUKH LAL GWALA RESIDENT OF VILLAGE- ZANJU PADA (PHATA PAKAR), PS- RAJGANJ, DISTJALPAIGURI (WEST BENGAL) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has filed the instant application for grant of regular bail in connection with Lakhnaur (RSOP) P.S. Case no. 62 of 2021 registered under sections 356, 379 and 34 of the Indian Penal Code.

3. As per the prosecution case, while the informant was returning on his cycle along with a bag containing money, it is stated that two accused persons on a motorcycle snatched his bag containing Rs.4.5 lacs and escaped.

4. It is submitted by learned counsel for the petitioner that the F.I.R. was registered against two unknown. Referring to the order of the learned trial Court it is submitted that the name of the petitioner transpired in course of investigation in the

Patna High Court CR. MISC. No.64212 of 2023(2) dt.11-10-2023 2/2 statement of coaccused Rakesh Gwala who has himself been enlarged on bail vide order dated 20.04.2023 passed in Cr.Misc.no.63202 of 2021. The petitioner is in custody since 9.12.2022 and chargesheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation, grant of bail to the coaccused Rakesh Gwala on whose statement the name of the petitioner transpired, 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 9.12.2022, the Court directs the petitioner to be enlarged on bail in connection with Lakhnaur (RSOP) P.S. Case no. 62 of 2021 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 A.C.J.M. 1st, Jhanjharpur (Madhubani).

(Partha Sarthy, J) Bibhash/- U