Surendra Chouhan @ Surenad Chouhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70927 of 2022 Arising Out of PS. Case No.-140 Year-2022 Thana- SINGHESHWAR District- Madhepura ====================================================== Surendra Chouhan @ Surenad Chouhan Son of Dinesh Chouhan Resident of Village- Bairbanna, P.S.- Singheshwar, District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Narsingh Tantim, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-03-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Singheshwar P.S. Case No. 140 of 2022 registered for the offence under Section 392 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 17.06.2022.
The allegation against the petitioner is to commit robbery and while committing so taken away cash of Rs. 38,675/- (Rupees Thirty-eight Thousand Six Hundred SeventyFive) belongs to the informant. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.70927 of 2022(2) dt.17-03-2023 2/3 submitted that though petitioner is named in F.I.R., but his name surfaced upon hearsay input from unexplained source, where in furtherance of said suspicion, no incriminating material recovered/surfaced, during the course of investigation, which may incriminate this petitioner with present occurrence of robbery. It is also pointed out that similarly situated co-accused person, namely, Jai Jai Sharma has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 51717 of 2022 vide order dated 09.12.2022. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, while opposing the prayer of bail submitted that petitioner actively participated in the occurrence of robbery.
Considering the facts and circumstances as mentioned above, as no incriminating material recovered/surfaced during the course of investigation, which may connect this petitioner, prima facie, with present occurrence of robbery, in view of the suspicion as raised by the informant coupled with the fact that
Patna High Court CR. MISC. No.70927 of 2022(2) dt.17-03-2023 3/3 charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Singheshwar P.S. Case No. 140 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 learned Chief Judicial Magistrate, Madhepura/concerned Court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T