Chandra Kishore Kumar @ Chandra Kishore Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83524 of 2023 Arising Out of PS. Case No.-21 Year-2023 Thana- GAMAHARIYA District- Madhepura ====================================================== Chandra Kishore Kumar @ Chandra Kishore Yadav S/O Najo Yadav R/O Village-Murho, Ward No.7, P.S. And District-Madhepura. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Durgesh Kumar For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 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 379 of the Indian Penal Code.

As per allegation in the F.I.R., petitioner along with co-accused persons have alleged to have stolen away a loudspeaker set fitted with three amplifier from the house of informant.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.83524 of 2023(2) dt.05-01-2024 2/3 falsely been implicated in the present case. Both parties are co-villagers. Neither there is eye witness of the alleged offence nor anythingl incriminating has been recovered from the conscious possession of the petitioner. It is further submitted that charge-sheet has submitted in this case. It is also submitted that petitioner is languishing in judicial custody since 14.03.2023. Similarly situated co-accused Rupesh Kumar has already been granted bail vide order dated 13.10.2023, passed in Cr. Misc. No. 65558 of 2023 by this Court.

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. The above named petitioner is directed to be enlarged on bail in connection with Gamhariya P.S. Case No. 21 of

Patna High Court CR. MISC. No.83524 of 2023(2) dt.05-01-2024 3/3 2023 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 A.C.J.M. III, Madhepura.

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