Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74182 of 2019 Arising Out of PS. Case No.-116 Year-2019 Thana- NAUTAN District- West Champaran ====================================================== CHANDAN KUMAR, aged about 23 years, (Male), Son of Kishore Sah @ Kishore Lal Sah, Resident at Village - Noniya, P.S. - Paharpur, District - West Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Nihar Nandan Ambasta, Advocate.

For the Opposite Party :

Mr.Abhay Kumar Roy, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Section 379 of the IPC.

The prosecution story, in brief, is that the Motorcycle of the informant was stolen away by unknown thieves. It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 15.06.2019. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. There is no recovery of stolen property from possession of the petitioner. The petitioner is not

Patna High Court CR. MISC. No.74182 of 2019(2) dt.27-11-2019 2/2 named in the F.I.R. The name of the petitioner has come in the present case on secret information. The source of secret information has not been disclosed by the prosecution which creates doubt the prosecution case. The case is triable by the Magistrate.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., West Champaran, Bettiah, in connection with Nautan (Jagdishpur) P.S. Case No. 116 of 2019.

(Sudhir Singh, J) U.K./- U T