Anuj Kumar Chaubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70132 of 2022 Arising Out of PS. Case No.-7 Year-2022 Thana- SIMRA District- West Champaran ====================================================== Anuj Kumar Chaubey Son Of Anand Chaubey R/O Vill.- Rowari, P.S.- Shikarpur, Distt.- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anand Kishore Choudhary For the Opposite Party/s :
Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-03-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under section 395 of the Indian Penal Code.
The prosecution story, in brief, is that while the informant along with one Gulshan Kumar Singh were returning home after withdrawing money from SBI Main Branch, Bagaha, in the meantime, several unknown miscreants came and intercepted them. They snatched the said total money of Rs. 11,07,000/- from them and after committing this, they fled away with their motorcycles.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The
Patna High Court CR. MISC. No.70132 of 2022(2) dt.13-03-2023 2/3 petitioner is not named in FIR rather he has falsely been implicated in this case. Neither the petitioner was arrested on spot nor any looted article has been recovered from his conscious possession rather the same was recovered from the possession of the co-accused Dipu Kumar. The name of the petitioner came into light in this case on the basis of confession made by co-accused Nikhil Mishra. It is further submitted that the petitioner has also not been put on TI Parade till date. Similarly situated co-accused namely, Amit Kumar Sharma has already been granted bail by a co-ordinate Bench of this Court vide order dated 23.8.2022 passed in Cr. Misc. No. 25050 of 2022. Moreover, The petitioner has got no criminal antecedent and languishing in judicial custody since 9.2.2022. Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Semra P.S. Case No. 07 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Class Judicial Magistrate,
Patna High Court CR. MISC. No.70132 of 2022(2) dt.13-03-2023 3/3 Bagaha, West Champaran.
(Sunil Kumar Panwar, J) Amandeep/- U T