Nawal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23048 of 2020 Arising Out of PS. Case No.-1240 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== NAWAL KUMAR S/o Jiwas Chaudhary @ Jeevacch Resident of VillageJhapa Deeh (Bhatthapur), P.S.-Ahiyapur, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Parasmani, Advocate For the Opposite Party/s :

Smt. Sucheta Yadav, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-10-2020 Heard Mr. Sanjay Parasmani, learned counsel for the petitioner and Smt. Sucheta Yadav, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Ahiyapur P.S. Case No. 1240 of 2019 registered for the offences punishable under Section 392 of the Indian Penal Code. The allegation as per the First Information Report is that the informant was intercepted by three unknown miscreants while he was going on a Motorcycle along with his friend and the miscreants snatched the Mobile phone of the informant and his friend.

Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has unnecessary been dragged in this case merely on the

Patna High Court CR. MISC. No.23048 of 2020(4) dt.20-10-2020 2/2 basis of statement made by co-accused Ashutosh Kumar @ Sonu from whose possession the Mobile phone has been recovered. Learned counsel further submits that Ashutosh Kumar @ Sonu has alleged that he had purchased the snatched Mobile Phone from the petitioner. Learned counsel also submits that the petitioner is in custody since 08.03.2020. Having heard learned counsel for the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 08.03.2020, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 1240 of 2019.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T