Naitik Kumar @ Neksa Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26275 of 2024 Arising Out of PS. Case No.-48 Year-2023 Thana- MEHUSH District- Sheikhpura ====================================================== Naitik Kumar @ Neksa Kumar Son of Rovin Yadav @ Rovind Banjara Resident of Village- Jurabganj, Police Station- Kodha, District- Katihar, Presently residing at Village- Cheriya, Police Station-Cheriya, DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvesh Kashyap For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mehush P.S. Case No. 48 of 2023 instituted for the offences under Sections 379, 411, 413, 414, 420/34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is that from their possession a stolen motorcycle has been recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He submitted that the petitioner and other coaccused belongs to the same village and with the intention of

Patna High Court CR. MISC. No.26275 of 2024(2) dt.08-04-2024 2/2 getting job, the petitioner has contacted with his village person and the petitioner was completely unaware about the criminal offences of the co-accused member. He further submitted that as alleged stolen motorcycle was driven by co-accused Munna Kumar @ Shivam Kumar and the motorcycle was recovered from him. The petitioner has not been put on Test Identification Parade to ascertain his participation in the alleged occurrence. Charge-sheet has been submitted in this case. The petitioner is in custody since 19.09.2023 and has two criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mehush P.S. Case No. 48 of 2023. (Rudra Prakash Mishra, J) Arish/- U T