Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85014 of 2023 Arising Out of PS. Case No.-726 Year-2023 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== CHANDAN KUMAR SON OF PARAS CHAUDHARY R/O VILLAGETUMKARIYA, P.S.- BAIRIA, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shiv Sager Sharma For the Opposite Party/s :
Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-02-2024 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 461, 379/34 of the Indian Penal Code.
3. The case of prosecution is that on 10.9.2023, some unknown miscreants committed theft in the shop of the informant after breaking lock and while committing so, took away battery, inverter and others articles.
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 during course of investigation. No any incriminating article has
Patna High Court CR. MISC. No.85014 of 2023(3) dt.02-02-2024 2/2 been recovered from his conscious possession. He has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 17.9.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the house of the petitioner was raided from where, alleged stolen materials have been recovered.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gopalganj (Nagar) P.S. Case No. 726 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 Chief Judicial Magistrate, gopalganj. (Sunil Kumar Panwar, J) Amandeep/- U T