Balendra @ Balendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.126 of 2025 Arising Out of PS. Case No.-53 Year-2024 Thana- CHAKIA District- East Champaran ====================================================== Balendra @ Balendra Kumar S/o Laldev Sahani, R/o village- Mahabal, P.S.- Motipur, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhannjay Kumar II, Advocate For the Opposite Party/s :

Ms.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-01-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Chakiya P.S. Case No. 53 of 2024 registered for the offences under Section 395 of the Indian Penal Code.

3. The petitioner is not named in the F.I.R. and is in custody since 14.05.2024.

4. The allegation against the petitioner is to commit robbery alongwith other co-accused persons and while committing so looted cash of Rs. 5,11,000/- from the informant.

5. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.126 of 2025(2) dt.23-01-2025 2/3 petitioner submitted that petitioner implicated with present case only on the basis of suspicion arising out of confessional statement of co-accused Mithilesh Kumar Yadav, where in furtherance of which, no incriminating material recovered/surfaced during the course of investigation as to connect petitioner prima facie with present occurrence of robbery. It is pointed out that said co-accused Mithilesh Kumar Yadav has already granted bail by this Court through Cr. Misc. No. 64146 of 2024 dated 11.09.2024. It is further submitted that petitioner was not put on TIP as yet. While concluding the argument, it is submitted that petitioner found involved in one more criminal case, where he is on bail and, moreover, investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer of bail.

7. In view of the facts and circumstances as save and except suspicion arising out of confessional statement of co-accused, nothing incriminating appears to be recovered so as to connect petitioner prima facie with the present

Patna High Court CR. MISC. No.126 of 2025(2) dt.23-01-2025 3/3 occurrence of robbery, coupled with the fact that chargesheet has already submitted, where petitioner is in custody since 14.05.2024, accordingly, petitioner, above named, is directed to be released on bail in connection with Chakiya P.S. Case No. 53 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./ 480(3) of the BNSS.

(Chandra Shekhar Jha, J) veena/- U T