Raj Nandan Kumar @ Chhotu Kumar @ Hunter v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83440 of 2023 Arising Out of PS. Case No.-762 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Raj Nandan Kumar @ Chhotu Kumar @ Hunter Son Of Chandeshwar Ram @ Chandra Shekhar Ram R/O Village- Dighi Kala West, P.S.- Sadar Hajipur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rina Sinha For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 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 sections 392 and 411 of the Indian Penal Code.

3. As per FIR, when the informant was at his jewellery shop, four miscreants came there on a motorcycle and looted the ornaments from the shop of the informant on the point of pistol.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case on the basis

Patna High Court CR. MISC. No.83440 of 2023(2) dt.04-01-2024 2/2 of his self confession under duress before the police which has got no evidentiary value in the eye of law. It is further submitted that nothing has been recovered from the conscious possession of the petitioner. Similarly situated other co-accused person has already been granted bail by another co-ordinate Bench of this Court vide order dated 24.05.2023 in Cr. Misc. No. 26076 of 2023. Moreover, the petitioner is languishing in judicial custody since 29.01.2021.

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 of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hajipur P.S. Case No. 762 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur.

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