Niranjan Puri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12446 of 2025 Arising Out of PS. Case No.-278 Year-2024 Thana- JALALPUR District- Saran ====================================================== Niranjan Puri S/o- Jay Prakash Puri Village- Sawri, (Puri Tola), P.O or P.SJalalpur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jeetendra Narayan, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 07-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Jalalpur P.S. Case No. 278 of 2024 registered on 15.12.2024 for the alleged offences under Sections 305, 331(4) of Bharatiya Nyaya Sanhita, 2023.

03. As per prosecution case, a theft was committed in a temple and the thief took away loudspeaker machine and ornaments of the statue of God. The name of petitioner transpired during investigation for being involved in the theft.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of this petitioner, who has been named in this case

Patna High Court CR. MISC. No.12446 of 2025(2) dt.07-03-2025 2/3 at the instance of co-accused Sanjay Kumar Mishra, who is on inimical term to the family of the petitioner on account of dispute in Panchayat election. No material has come up on record to show that the petitioner has been habitually receiving the stolen property or he assist the other co-accused in concealing or disposing of the stolen property. Therefore, there is no application of section 305 and 331(4) of B.N.S. against the petitioner. The petitioner is in custody since 16.12.2024 and charge-sheet has been submitted. The petitioner has got no criminal history.

05. Learned APP for the State opposes the prayer for bail.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and his clean antecedent along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate-I, Saran at Chapra/court concerned in connection with Jalalpur P.S. Case No. 278 of 2024, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

Patna High Court CR. MISC. No.12446 of 2025(2) dt.07-03-2025 3/3 (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T