Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63544 of 2022 Arising Out of PS. Case No.-278 Year-2022 Thana- DESARI District- Vaishali ====================================================== Chhotu Kumar S/O Arun Kumar Singh @ Arun Singh R/O VillageMohammadpur, P.S.- Desari, Distt- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Ms.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Desari P.S. Case No. 278 of 2022 registered under sections 461 and 379 of the Indian Penal Code.

Prosecution case in short is that when informant arrived at his shop, then he came to know that in the last night some unknown thieves have broken the locks of his shop and stolen away Rs. 6,000/-.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The name of the petitioner came in the F.I.R. on the basis of confessional statement of co-

Patna High Court CR. MISC. No.63544 of 2022(2) dt.21-02-2023 2/2 accused person, namely, Raja Kumar who confessed before the informant that he along with petitioner committed this offence. Except confession of the co-accused, nothing has come against the petitioner in this case. No any stolen money or article has been recovered from the conscious possession of the petitioner and also he was not arrested from the place of occurrence. He is languishing in judicial custody since 12.07.2022. The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Desari P.S. Case No. 278 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 A.C.J.M.-IX, Vaishali at Hajipur.

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