Navin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24535 of 2024 Arising Out of PS. Case No.-23 Year-2024 Thana- CHANDAUTI District- Gaya ====================================================== Navin Kumar S/O Bhola Prasad R/O Village- Chhotki Nawada, P.S- Delha, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Advocate Mr. Dhananjaya Nath Tiwari, Advocate Ms. Diksha Kumari, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Chandauti P.S. Case No. 23 of 2024 instituted for the offence under Section 392 of the Indian Penal Code.

3.

Prosecution case in short is that truck of the informant which was loaded with paddy and was on its way to Nepal was looted by four unknown miscreants.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28-01-2024. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.24535 of 2024(2) dt.04-04-2024 2/2 case. It is submitted that petitioner has bona fide business of paddy for which he files income tax return. Petitioner was unaware of the fact that one Rajesh Kumar is the owner of the truck from whom he has purchased the paddy, who has illegally procured the paddy. It is also submitted that from perusal of paragraph No. 6 of the case diary, it would reveal that Rajesh Kumar was in connivance with the driver of the truck in which paddy was loaded and has falsely implicated the petitioner. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of petitioner's implication and clean antecedent of the petitioner, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner 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 Court below/concerned Court in connection with Chandauti P.S. Case No. 23 of 2024.

(Rudra Prakash Mishra, J) Raj kishore/- U T