Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68083 of 2022 Arising Out of PS. Case No.-102 Year-2022 Thana- SACHIVALAYA District- Patna ====================================================== CHANDAN KUMAR Son of Birendra Pratap @ Bijendra Prasad Resident of Quarter No.236, Type-2, P and T Colony, Kidwaipuri, P.S.- Budha Colony, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Prasad Singh, Sr. Adv.
Mr.Ranvijay Singh, Adv.
Ms.Shristi Rani, Adv.
For the Opposite Party/s :
Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in a case registered for the offence punishable u/s 381 of the IPC. Allegedly, the petitioner is said to have stolen valuable articles from the house of informant and fled away. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. It is further submitted that the alleged occurrence is said to have taken place on 27.05.2022 but the F.I.R. was lodged on
Patna High Court CR. MISC. No.68083 of 2022(2) dt.19-01-2023 2/2 21.06.2022 i.e. after delay of more than 20 days, without giving any plausible explanation. Such delay in lodging F.I.R. itself creates doubt about the prosecution case. Petitioner has no criminal antecedent.
Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case and considering the delay in lodging F.I.R., let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Sachiwalaya P.S. Case No.102 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T