Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69332 of 2024 Arising Out of PS. Case No.-327 Year-2022 Thana- KALYANPUR District- Samastipur ====================================================== Chandan Kumar S/o Shankar Mahto @ Pankaj Singh R/o VillageMadhurapur Tara, P.S.- Kalyanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 31-01-2025 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Kalyanpur P.S. Case No.-327 of 2022 registered for the offence under Section 392 of the Indian Penal Code and Section 27 of the Arms Act.

3.

As per the prosecution case, three unknown persons on a motorcycle intercepted the informant on the way and on the point of pistol snatched the bag of the informant containing Rs.7,05,000/-.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is not named in the FIR and he has falsely been implicated in the present case. It has

Patna High Court CR. MISC. No.69332 of 2024(2) dt.31-01-2025 2/2 further been submitted that nothing incriminating articles were recovered from the conscious physical possession of the petitioner. It is further submitted that name of the petitioner surfaced from the confessional statement of the co-accused. It is further submitted that similarly situated co-accused has already been granted regular bail a Co-ordinate Bench of this Court passed in Cr. Misc. No. 84725 of 2023 vide order dated 22.01.2024 and Cr. Misc. No. 10588 of 2024 vide order dated 22.02.2024 and he is in custody since 18.06.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and alleged recovery has not been made from the conscious physical possession of this petitioner, let the petitioner, above named, is directed to be released on bail in connection with Kalyanpur P.S. Case No.327 of 2022 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned JM, First Class, Samastipur. (Ramesh Chand Malviya, J) Mayank/- U T