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Patna High CourtCR. MISC./83451/2023allowed

Chhotu Kumar @ Navin Kumar @ Zasar v. The State Of Bihar

2024-01-30Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83451 of 2023 Arising Out of PS. Case No.-634 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== Chhotu Kumar @ Navin Kumar @ Zasar S/O Mohan Rai R/O VillageFulpura, P.O.- Chaksikander, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Bidupur P.S. Case No. 634 of 2022 for the offence registered under Section 394 of the Indian Penal Code.

3. As per the prosecution case, four miscreants are alleged to have looted cash of Rs. 2,25,000/- and other valuables from the shop of the informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner is not named in the F.I.R. During investigation, as alleged Rs. 7,500/- looted cash was recovered from the house of the petitioner but he said amount belongs to his father. No T.I.P. has been conducted in this case. Petitioner has two

Patna High Court CR. MISC. No.83451 of 2023(4) dt.30-01-2024 2/2 criminal antecedents in which he is on bail. He is in custody since 19.04.2023. It is further submitted that similarly situated co-accused persons, namely, Naveen Kumar and Rajesh Kumar @ Timal @ Dimple have already been granted bail by a Coordinate Bench of this Court, vide order dated 18.12.2023 passed in Cr. Misc. No. 80889 of 2023 and order dated 05.01.2024 passed in Cr. Misc. No. 83857 of 2023 respectively.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Bidupur P.S. Case No. 634 of 2022. (Sunil Dutta Mishra, J) rakhi/- U T