Patna High CourtCR. MISC./78372/2023allowed

Chandan Kumar v. The State Of Bihar

2023-12-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78372 of 2023 Arising Out of PS. Case No.-65 Year-2023 Thana- BEN P.S. District- Nalanda ====================================================== CHANDAN KUMAR SON OF LATE PRAMOD KUMAR R/O VILLAGEBHATBIGHA, P.S.- HILSA, DIST.- NALANDA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ganesh Sharma For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 395 of the Indian Penal Code.

3. As per prosecution case, while the informant as well as his nephew was going by vehicle bearing registration no. BR01PH-8068 in the meantime, some miscreants took left but snatched the key on pistol point and fled away with the vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name was transpired on the basis of confessional statement of co-accused Dimpal Kumar. The stolen vehicle is said to have been recovered on

Patna High Court CR. MISC. No.78372 of 2023(2) dt.07-12-2023 2/2 road lying in abandoned condition with which, this petitioner has no concern. It is also submitted vide para 11 of the petition that the petitioner was not put on TIP till date. The petitioner was remanded in this case from Silao P.S. Case No. 195 of 2023 and languishing in judicial custody since 10.8.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Ben P.S. Case No. 65 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Nalanda at Biharsharif. (Sunil Kumar Panwar, J) Amandeep/- U T