Chandan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75000 of 2024 Arising Out of PS. Case No.-264 Year-2023 Thana- PIPRA District- East Champaran ====================================================== Chandan Sah Son of Naga Sah Resident of village - Ramour Khajuriya Tola, P.S.- Dumariyaghat, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioner seeks bail in Pipra P.S. Case No. 264 of 2023, instituted for the offences punishable under Sections 457 and 380 of the Indian Penal Code.

3.

The prosecution case, in short, is that, twenty quintals of rice were stolen from two schools. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submitted that the petitioner is not named in the F.I.R.

Patna High Court CR. MISC. No.75000 of 2024(2) dt.25-10-2024 2/2 The petitioner is remanded in this case from Pipra P.S. Case No. 266 of 2023. No recovery of stolen articles has been made from the possession of the petitioner. The petitioner was remanded in this case on 11.01.2024 and have got five criminal antecedent. Other co-accused has been granted bail by this Court vide order dated 27-07-2024, passed in Cr. Misc. No. 39213 of 2024. 5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pipra P.S. Case No. 264 of 2023.

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