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Patna High CourtCR. MISC./62728/2019bail granted

Chandan Mukhiya @ Chandan Kumar v. The State Of Bihar

2019-11-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62728 of 2019 Arising Out of PS. Case No.-32 Year-2019 Thana- BHAPTIAHI District- Supaul ====================================================== CHANDAN MUKHIYA @ CHANDAN KUMAR, Male, aged about 21 years, S/o Satya Narayan Mukhiya @ Satto Mukhiya, R/o village- Saraigarh, P.S.- Kishanpur, District- Supaul.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Baleshwar Kamat, Advocate.

For the Opposite Party :

Mrs.Madhuri Lata, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Section 392 of the IPC.

The prosecution story, in brief, is that on 31.03.2019 while the informant was going towards Simrahi after finishing his work, four criminals on the point of pistol, snatched golden chain, Mobile, Driving License, office paper, A.T.M., Motorcycle and cash from the informant and thereafter they fled away.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 16.05.2019. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.62728 of 2019(2) dt.14-11-2019 2/2 present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has come in the present case on the basis of confessional statement of co-accused. There is no recovery of any incriminating article from possession of the petitioner. The petitioner has not been put on T.I. Parade. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Supaul, in connection with Bhaptiyahi P.S. Case No. 32/2019 (G.R. No. 710/2019).

(Sudhir Singh, J) U.K./- U T