Krishna Kumar @ Sardar @ Krishna Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 75076 of 2022 Arising Out of PS. Case No.-219 Year-2022 Thana- BALIYA District- Begusarai ====================================================== KRISHNA KUMAR @ SARDAR @ KRISHNA KUMAR CHOUDHARY Son of Late Ram Shankar Choudhary @ Ram Shankar Choudhary R/vNavtol, (Naya tol) Agapur, P.S.- Mansoorchak, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 395 of the Indian Penal Code.

The allegation against the petitioner along with others is said to have overtake the informant's pick-up van and looted it, Bearing No. WB37E-2097, which was loaded by Cauliflowers.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that during course of investigation the police has reached at the house of co-accused

Patna High Court CR. MISC. No. 75076 of 2022(2) dt.01-05-2023 2/2 Md. Gulab and has asked him with respect to the looted pickup van, bearing no. WB-37E- 2097 and on being discloser made by co-accused Md. Gulab looted the pickup van has been seized from nearby the bush from the Fafaut road. So it is crystal clear, the looted pickup van has been seized from purely open and abandoned place. Nothing incriminating article has recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 08.09.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bagaha, Begusarai in connection with Baliya P.S. Case No. 219 of 2022.

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