Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78536 of 2019 Arising Out of PS. Case No.-186 Year-2019 Thana- HAJIPUR District- Vaishali ====================================================== CHANDAN KUMAR, Male, aged about 24 years, Son of Sri Krishna Kumar Rai, Resident of Village - Nawada Kala, P.S.- Ganga Bridge, Hajipur and District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar No2 For the Opposite Party/s :
Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-05-2020 Heard both sides through video conferencing.
The petitioner seeks bail in Hajipur Town P.S. Case No.186 of 2019, registered under Section 392 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is not named in the FIR. Nothing has been recovered from possession of the petitioner. The petitioner was apprehended on the basis of the confessional statement of Vishal Kumar who is said to have confessed his guilt before the police. Save and except the confession of Vishal Kumar in Hajipur Town P.S. Case No.261 of 2019, there is no material against the petitioner. The Investigating Officer only on the basis of the confession of the co-accused submitted charge sheet against the
Patna High Court CR. MISC. No.78536 of 2019(4) dt.27-05-2020 2/2 petitioner and the petitioner is rotting in jail since 02.05.2019. Although the petitioner is accused in ten other criminal cases but he has already been enlarged on bail in eight criminal cases. Taking into consideration the facts that save and except the confessional statement of the co-accused, the Investigating Officer did not collect any further tangible material to show the involvement of the petitioner in snatching/robbing the motorcycle of the informant, petitioner, namely, Chandan Kumar is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur in connection with Hajipur Town P.S. Case No.186 of 2019.
(Prabhat Kumar Jha, J) S.KUMAR/- U T