Patna High CourtCR. MISC./23544/2024bail granted

Nitin Kumar v. The State Of Bihar

2024-09-06Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23544 of 2024 Arising Out of PS. Case No.-550 Year-2023 Thana- MITHANPURA District- Muzaffarpur ====================================================== Nitin Kumar S/o Lalan Prasad R/o Mohalla - Lakdi Dhahi, Chandwara, P.s. - Town, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

Akash Banka S/o Anjani Banka R/o Ward no. 38, Behind Bangala Mukhi Mandir, P.s. - Mithanpura, Distt. - Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr. Sanjay Kumar, Adv.

For the State :

Mr. Jagdhar Prasad, APP For the Informant :

Mr. Bipin Chandra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-09-2024 Heard learned senior counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner seeks regular bail in connection with Mithanpur P.S. Case No. 550 of 2023 dated 13.12.2023, lodged under Sections 457, 380 & 411 of the Indian Penal Code.

3. As per the prosecution case, FIR has been lodged against unknown accused persons against whom there is an allegation that they have committed theft in the house of the informant by taking jewellry and cash of Rs. 1,50,000 (Rupees One Lakh Fifty Thousand) from the almirah.

4. Learned senior counsel for the petitioner submits

Patna High Court CR. MISC. No.23544 of 2024(5) dt.06-09-2024 2/3 that the petitioner is innocent and has committed no offence. Counsel also submits that the petitioner is not named in the FIR and his name has been figured in this case only by virtue of the confessional statement of the co-accused namely Santosh Kumar who has disclosed during investigation that he has sold the articles to the petitioner. Counsel further submits that no stolen articles have been recovered from the petitioner's shop.

5. Learned senior counsel for the petitioner further submits that the criminal antecedent of the petitioner is clean and he is in custody since 24.12.2023. Counsel submits that charge-sheet has already been submitted in this case. Counsel further submits that on the basis of allegation at worst, offence under section 414 of the IPC has been made which is a magisterial triable.

6. Learned APP for the State opposes the prayer for bail of the petitioner.

7. Learned counsel for the informant vehemently opposes the prayer for bail of the petitioner and submits that from the petitioner's shop, Rs. 20 lacs and odd has been recovered. Counsel further submits that petitioner used to do things like melting the gold ornaments and that's why, it is due to this reason, recovery could not be made.

Patna High Court CR. MISC. No.23544 of 2024(5) dt.06-09-2024 3/3

8. In the present facts and circumstances of this case, let the petitioner above named be granted bail only after framing of charge, if not framed and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Muzaffarpur in connection with Mithanpur P.S. Case No. 550 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J) Divyansh/- U T