Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81915 of 2019 Arising Out of PS. Case No.-324 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== Chandan Kumar, Son of Manoj Chaudhary, Resident of Village - Chaksale, P.S.- Lalganj, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Sinha For the Opposite Party/s :

Mrs.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 11.09.2019 in a case registered for the offences punishable under Section 394 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case is to the effect that on 09.09.2019 at 7.00 P.M. the informant along with his father was going after closing his jewellery shop to his home but on the way, his jewellery and motorcycle were robbed off, leading to registration of the FIR against unknown.

Patna High Court CR. MISC. No.81915 of 2019(2) dt.11-12-2019 2/3 Subsequently, the recovery of the robbed jewellery has been made from one Raj Kumar Bhagat but no recovery has been made from the possession of the petitioner, statement to that effect has been made in paragraph 9 of the petition. It is submitted by learned counsel for the petitioner that the petitioner has been roped in the present case merely on the basis of suspicion and the petitioner has not been put on T.I. Parade. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Moreover, co-accused Raj Kumar Mahto, from whose possession, robbed jewellery has been recovered, has been granted bail by a Co-ordinate Bench of this Court vide order dated 18.11.2019 passed in Cr. Misc. No. 73358 of 2019. Learned APP submits that the name of the petitioner sprang up during investigation.

Considering the fact that neither there is any recovery from the possession of the petitioner nor he has been put on T.I. Parade and co-accused Raj Kumar Mahto has been granted bail, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.81915 of 2019(2) dt.11-12-2019 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 324 of 2019.

(Dinesh Kumar Singh, J) DKS/- U T