Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72306 of 2021 Arising Out of PS. Case No.-393 Year-2020 Thana- PATRAKARNAGAR District- Patna ====================================================== CHANDAN KUMAR Son of Late Ram Sagar Ray Resident of Village - Chakmahdin, P.S.- Jandaha, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. It is submitted that police after investigation submitted chargesheet under Sections 395, 412 and 120(b) of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 17.08.2021, charge-sheet has been submitted and has antecedent of four cases.

The informant alleges that he has a jewellery shop and three accused, disguising themselves, as customer came and looted jewellery worth Rs.15,00,000/- along with cash, mobile etc.

Patna High Court CR. MISC. No.72306 of 2021(2) dt.13-05-2022 2/3 Learned counsel for the petitioner submits that the FIR was against unknown and the name of this petitioner came in the confessional statement of co-accused Abhishek Kumar. Learned counsel further submits that despite being in custody, the petitioner was not put on T.I. Parade nor any incriminating article was recovered from the possession of the petitioner and co-accused Abhishek Kumar has been granted bail by this Court vide order dated 12.04.2022 passed in Cr. Misc. No. 66050 of 2021. It is, thus, submitted that the co-accused, in whose confession the name of the petitioner transpired, has been granted bail, as such, the petitioner deserves to be enlarged on bail.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 17.08.2021, charge-sheet has been submitted, name of the petitioner transpired in the confessional statement of co-accused and was not put on T.I. Parade nor any incriminating article was recovered from the possession of the petitioner, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.72306 of 2021(2) dt.13-05-2022 3/3 Court below where the case is pending in connection with Patrakar Nagar P.S. Case No. 393 of 2020.

The petitioner shall be released after framing of the charge.

(Satyavrat Verma, J) Kundan/- U T