Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72833 of 2024 Arising Out of PS. Case No.-399 Year-2023 Thana- ROH District- Nawada ====================================================== Chandan Kumar S/O- Ravindra Yadav Village- Kajichak Ps- Roh DistNawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-12-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Roh P.S. Case No. 399 of 2023 instituted for the offence under Section 392 of the Indian Penal Code.

3.

Prosecution case in short is that while the informant was on his way, he was accosted by three unknown miscreants, who have assaulted him and snatched away his bag containing Rs. 1,35,000/- and fled away.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11-06-2024. Petitioner bears three criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.72833 of 2024(4) dt.05-12-2024 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Samundar Kumar followed by his selfconfessional statement. Nothing has been recovered from the possession of the petitioner. Petitioner has no concern with the alleged occurrence. There is no compliance of Section 100 of the Cr.P.C.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Charge sheet has been submitted in this case and petitioner has confessed his guilt in his confessional statement. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner 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 Court below/concerned Court in connection with Roh P.S. Case No. 399 of 2023, subject to the following conditions:

Patna High Court CR. MISC. No.72833 of 2024(4) dt.05-12-2024 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T