Patna High CourtCR. MISC./65357/2023allowed

Niraj Chouhan v. The State Of Bihar

2023-10-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65357 of 2023 Arising Out of PS. Case No.-231 Year-2023 Thana- RAJPUR District- Buxar ====================================================== NIRAJ CHOUHAN SON OF LATE ABHAY ANARAYAN CHAUHAN @ ABHAY NARAYAN RESIDENT OF VILLAGE - SARENJA, P.S. - RAJPUR, DISTRICT - BUXAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 395 of the Indian Penal Code.

3. As per prosecution case, five unknown miscreants came on motorcycle and on the point of pistol snatched Rs. 11, 250/- from the pocket of the informant and fled away.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional

Patna High Court CR. MISC. No.65357 of 2023(2) dt.13-10-2023 2/2 statement of co-accused Dinesh Chauhan, which has got no evidentiary value in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 17.06.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Rajpur P.S. Case No. 231 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T