Chandan Kumar Ojha v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER Mr. Mukesh Kumar, Advocate Mr. Anil Kumar, APP 2 12-06-2024 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

The petitioner seeks bail in connection with Baniyapur P.S. Case No. 49 of 2024 registered for the offences under Sections 461 and 379 of the Indian Penal Code.

The petitioner is not named in the F.I.R. and is in custody since 18.04.2024.

The allegation against the petitioner is to commit theft of three ashtadhatu idols made of Patna High Court CR. MISC. No.40998 of 2024(2) dt.12-06-2024 god/goddess Ram, Laxman, Sita and Krishna Ji.

Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced in the present case on the basis of suspicion arising out of self-confession. It is pointed out that petitioner was remanded in this case from the Baniyapur P.S. Case No. 80 of 2024, where he is on bail. It is further submitted that, in furtherance of self-confession no incriminating material recovered from the possession of this petitioner as to connect him with the present, crime in question. It is also submitted that petitioner was not put on TIP, as yet. While concluding the argument it is submitted that investigation has been completed, for which, charge- sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above as save and except suspicion arising Patna High Court CR. MISC. No.40998 of 2024(2) dt.12-06-2024 out of self-confession nothing incriminating recovered from the possession of this petitioner as to connect him with the crime in question, coupled with the fact as petitioner is in custody since 18.04.2024, where charge- sheet has already submitted, accordingly, petitioner, above named, is directed to be released on bail in connection with Baniyapur P.S. Case No. 49 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, Saran at Chapra/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. S.Tripathi/- U T (Chandra Shekhar Jha, J.)