Navlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10144 of 2023 Arising Out of PS. Case No.-487 Year-2022 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Navlesh Kumar S/O Late Kailash Sao Resident Of Village- Amawan, P.S.- Bind, District- Nalanda At Present In The House Of Krishna Prasad, MohallaMahalpar, P.S.- Biharshariff. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 394/307 of the IPC and Section 27 of the Arms Act. Later on added Sections 395/397 of IPC.

As per FIR, the allegation against unknown miscreants is that they forcibly entered in the house of the informant and on pistol pointed looted several valuable and golden articles and fled away.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of

Patna High Court CR. MISC. No.10144 of 2023(4) dt.07-07-2023 2/2 confessional statement of co-accused. Neither the petitioner is named in the FIR nor he was put on TIP. He has got no criminal antecedent. It is further submitted that nothing looted article has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 18.11.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Laheri P.S. Case No. 487 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Nalanda at Biharshariff.

(Sunil Kumar Panwar, J) lata/- U T