Patna High CourtCR. MISC./5320/2024bail granted

Chotu Kumar v. The State Of Bihar

2024-02-17Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5320 of 2024 Arising Out of PS. Case No.-274 Year-2022 Thana- CHANDI District- Bhojpur ====================================================== Chotu Kumar SON OF RAMESH SINGH @ KALLU SINGH RESIDENT OF VILLAGE- SALIMPUR, P.S.- CHANDI, DISTRICT- BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Chandi P.S. Case No. 274/2022 lodged on 28.10.2022 under Section 392 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against four unknown accused persons with an allegation of committing loot of a motorcycle and a mobile from the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. In fact, the petitioner is not named in the FIR, rather his name has been disclosed by one arrested co-accused, Tuntun Yadav as associate member. Neither any incriminating article has been recovered

Patna High Court CR. MISC. No.5320 of 2024(2) dt.17-02-2024 2/2 from the possession of the petitioner nor the petitioner has been put on the Test Identification parade. The petitioner is in custody since 31.08.2023 having no criminal antecedent. The offence under which the FIR has been lodged is triable by a Magistrate. Moreover, similarly situated co-accused Ranjeet Kumar has been granted bail by a co-ordinate Bench of this Court vide order dated 11.05.2023 passed in Criminal Miscellaneous No. 11535/2023.

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-V, Bhojpur at Ara, in connection with Chandi P.S. Case No. 274/2022, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

(Dr. Anshuman, J) Ashwini/- U T