Patna High CourtCR. MISC./71599/2024bail granted

Chandan Kumar v. The State Of Bihar

2024-10-23Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71599 of 2024 Arising Out of PS. Case No.-654 Year-2024 Thana- NAWADA District- Nawada ====================================================== Chandan Kumar, aged about 20 years, Male, S/O Sudama Chauhan, resident of Village- Motnaje, P.S- Muffasil, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Nawada Town PS Case No.654 of 2024 dated 11.06.2024, instituted under Sections 461 and 379 of the Indian Penal Code.

3. The prosecution case, in short, is that 74 sacks of wheat were stolen from the PDS Shop of the informant. FIR is against unknown.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner is not named in the FIR. FIR has been lodged against unknown. Only on the basis of confessional statement of Sakaldeep Chauhan, the petitioner has been made accused in this case. Nothing has been recovered either from conscious

Patna High Court CR. MISC. No.71599 of 2024(2) dt.23-10-2024 2/2 possession or from the house of the petitioner. There is no eye witness to the occurrence. Lastly, it is submitted that the petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada, in Nawada Town PS Case No.654 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T