Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63992 of 2019 Arising Out of PS. Case No.-189 Year-2019 Thana- KARJA District- Muzaffarpur ====================================================== CHANDAN KUMAR, aged about 20 years, Male, Son of Shiv Babu Pandey, Resident of Village - Muza Malikan, P.S.- Saraiya, Jaitpur (O.P), Distt.- Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Dilip Kumar Singh, Advocate.

For the Opposite Party :

Mr.Madhura Nand Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-11-2019 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 395 of the IPC.

The prosecution story, in brief, is that the informant runs Customer Service Centre of Central Bank at Bishunpur Chauk, Karja in the house of one Raj Kishore Mahto. On 20.07.2019 at about 10.30 A.M., he alongwith his nephew Nagendra Kumar and cousin brother Sanjiv Ram was doing work in Customer Service Centre and in the meantime, at about 12.20 P.M., some miscreants came on five motorbikes and out

Patna High Court CR. MISC. No.63992 of 2019(2) dt.05-11-2019 2/3 of them, four entered into customer service centre and pointed pistols on them and looted away cash of Rs. 2,00,000/-, five Mobile Phones, two Laptops and some documents of Bank and fled away alongwith their five associates, who were standing outside the service centre by the Motorbikes. It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 21.07.2019. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the 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 other co-accused. The petitioner was put on T.I. Parade but he has not been identified by the witnesses. There is no recovery of any incriminating article from possession of the petitioner.

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

Patna High Court CR. MISC. No.63992 of 2019(2) dt.05-11-2019 3/3 the like amount each to the satisfaction of the learned J.M. Ist Class, Muzaffarpur, in connection with Karja P.S. Case No. 189 of 2019.

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