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Patna High CourtCR. MISC./74302/2022allowed

Chhotu Kumar @ Amarjeet Kumar v. The State Of Bihar

2023-03-23Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74302 of 2022 Arising Out of PS. Case No.-100 Year-2021 Thana- GANGABRIDGE District- Vaishali ====================================================== Chhotu Kumar @ Amarjeet Kumar S/O Lakshman Saw R/O VillageHabsapur, P.S.- Paliganj, Distt- Patna. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Prince Kumar Mishra For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

The prosecution case in nutshell is that pickup van, bearing registration number BR-01-GD-1672, was booked for transporting banana but the petitioner and other persons looted the same along with mobile and Rs. 2,000/- from the informant.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.74302 of 2022(2) dt.23-03-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner was not named in F.I.R. He has not been put on T.I.P. The name of petitioner sprang up in this case on the confessional statement of co-accused Chandra Kishore Sharma, who has already been granted bail vide order dated 07.04.2022, passed in Cr. Misc. No. 53879 of 2021 by the co-ordinate Bench of this Court. Nothing has been recovered from conscious possession of the petitioner. Moreover, the petitioner is languishing in judicial custody since 28.05.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail.

Patna High Court CR. MISC. No.74302 of 2022(2) dt.23-03-2023 3/3 The above named petitioner is directed to be enlarged on bail in connection with Ganga Bridge P.S. Case No. 100 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali, Hajipur.

(Sunil Kumar Panwar, J) nirajkrs/- U T