Patna High CourtCR. MISC./75171/2023bail granted

Chandan Kumar v. The State Of Bihar

2023-12-01Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75171 of 2023 Arising Out of PS. Case No.-456 Year-2023 Thana- DHANARUA District- Patna ====================================================== Chandan Kumar Son of Arvind Kumar @ Arvind Prasad R/o vill - Sukhdeo Bigaha, P.S. - Kako, Distt. - Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukund Mohan Jha, Adv.

For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Dhanarua P.S. case No. 456 of 2023 instituted for the offences under Section 379 of the Indian Penal Code.

3. As per the prosecution case, some unknown persons stolen the truck of the Informant.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.08.2023 and has no criminal antecedent as stated in Para-33 of the present bail application. The petitioner is not named in the F.I.R. and his name has surfaced in the present case on the basis of confessional statement of the co-accused Uttam Kumar and Saurabh Kumar.

Patna High Court CR. MISC. No.75171 of 2023(2) dt.01-12-2023 2/2 The petitioner has falsely been implicated in the present case. Nothing incriminating has been found from the possession of the petitioner. Learned counsel for the petitioner has further submitted that the co-accused/Uttam Kumar has been granted bail by a Co-ordinate Bench of this Court vide order dated 06.11.2023 passed in Cr. Misc. No. 70313 of 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. 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 Court below/concerned Court in connection with Dhanarua P.S. Case No. 456 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T