Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68651 of 2023 Arising Out of PS. Case No.-195 Year-2023 Thana- SILAO District- Nalanda ====================================================== Chandan Kumar, Son of Late Pramod Kumar @ Pramod Prasad Resident of Village - Bhatbigha, P.S.- Hilsa, Distt.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Silao P.S. Case No. 195 of 2023, lodged on 15.07.2023 under Section 395 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against 5 unknown accused persons against whom there is an allegation of dacoity.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He also submits that nothing incriminating has been recovered against him nor he was put on T.I.P. He further submits that the name of the petitioner has come in this case by virtue of confessional statement and subsequently, his name was also inserted in another case and that is the only one more case which is pending against the

Patna High Court CR. MISC. No.68651 of 2023(2) dt.19-10-2023 2/2 petitioner.

5. Learned Counsel for the petitioner submits that the petitioner is in custody since19.07.2023.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the Trial Court at the time of rejecting the bail, has acknowledged that the scorpio vehicle has been recovered from the identification of the present petitioner.

7. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

8. Accordingly, the prayer for regular bail of the petitioner in connection with Silao P.S. Case No. 195 of 2023, pending before the learned J.M. 1st Class, Biharsharif, Nalanda is hereby rejected.

9. However, the petitioner shall move for regular bail after framing of charge when the Trial Court shall release him on bail imposing its own conditions so that he may not evade his appearance during trial.

10. With this observation, the bail application stands disposed of.

(Dr. Anshuman, J.) Divyansh/- U T