Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63729 of 2022 Arising Out of PS. Case No.-200 Year-2022 Thana- BOCHAHAN District- Muzaffarpur ====================================================== CHANDAN KUMAR S/o Brijnandan Sahani R/o Village- Bhagwanpur Dharna Tola, P.S.- Bochahan, Distt- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-04-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bochahan P.S. Case no. 200 of 2022 registered under sections 412, 413, 467, 468, 471 and 120B of the Indian Penal Code.

3. As per the prosecution case, the informant states that on secret information having been received about the accused persons having gathered to sell stolen motorcycle, a raid was conducted. While two accused persons were caught, other accused managed to escape. It is stated that the two accused who were caught disclosed the names of the five other accused persons who managed to escape which included the petitioner herein.

Patna High Court CR. MISC. No.63729 of 2022(2) dt.29-04-2023 2/2

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. He was not arrested at the spot, no incriminating article was recovered from his possession, his name transpired only in the confessional statement made by a co-accused before police, his being in custody since 12.7.2022 and charge sheet having been submitted in the case,

5. Heard learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration that the petitioner was not arrested at the spot, no incriminating article was recovered from his possession, his name transpired only in the confessional statement made by a co-accused before police, his being in custody since 12.7.2022 and charge sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Bochahan P.S. Case no. 200 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 Judicial Magistrate 1st Class, East Muzaffarpur. (Partha Sarthy, J) Prakash/- U