Patna High CourtCR. MISC./69551/2023allowed

Chandrabhan Kushwaha v. The State Of Bihar

2024-02-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69551 of 2023 Arising Out of PS. Case No.-6 Year-2020 Thana- BAGHA District- West Champaran ====================================================== CHANDRABHAN KUSHWAHA SON OF HARIVANSH KUSHWAHA RESIDENT OF VILLAGE- JUNGLE JAGDISHPUR, PADRAUNA, PSPADRAUNA, DISTT- KUSHINAGAR, UP ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 406, 420, 467, 468, 471 and 34 of the Indian Penal Code.

3. The allegation against the petitioner is that he is a member of organized criminal gang indulged in cheating of public at large by alluring them for offering loan.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Neither he has concern with the alleged P.Nidhi Ltd. Company nor he has taken money from the informant or anyone. Name of the petitioner has been disclosed from the confessional statement of co-accused Ravi

Patna High Court CR. MISC. No.69551 of 2023(4) dt.06-02-2024 2/2 Kumar. There is no consistent evidence against the petitioner. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The other co-accused persons have already been granted bail by different co-ordinate Benches of this court vide order dated 29.02.2020 and 05.06.2020 passed in Cr. Misc. No. 13600 of 2020 and 18650 of 2020 respectively. Petitioner is languishing in judicial custody since 05.08.2023.

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 A.C.J.M.-I, Bagaha, West Champaran in connection with Bagaha (Patkhauli) P.S. Case No. 06 of 2020.

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