Sambhu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28986 of 2024 Arising Out of PS. Case No.-165 Year-2023 Thana- KINJAR District- Jehanabad ====================================================== Sambhu Kumar Son of Devendra Prasad @ Devendra Saw Village - Parampura Dhobibigha, P.S.- Rampur Chauram, District - Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Nivedita Nirvikar, Sr. Advocate Mr.Vikash Kumar Pankaj For the State Mr. J.N.Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-08-2024 Heard the learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Section 395 of the Indian Penal Code, registered in connection with Kinjar P.S.Case No. 165 of 2023.

3. As per allegation, when the informant was going with his paddy-laden truck to Shri Balaji Digital Dharamkanta, Kurtha, he was overtaken by a Bolero car and was asked to stop. It has further been alleged that the unknown miscreants forced the informant and his driver into their Bolero car and headed to a lonely place, where

Patna High Court CR. MISC. No.28986 of 2024(3) dt.19-08-2024 2/3 they were dropped by the miscreants.

4. The learned senior counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The entire material emerged during the course of investigation against the petitioner is that 12 bags of paddy, out of 682 bags loaded on the truck, were recovered from the godown of the petitioner. The learned counsel for the petitioner submitted that the petitioner's father is the owner of that godown. Except this, nothing has emerged during the course of investigation against the petitioner. She has also submitted that the petitioner is in custody since 28.12.2023 and he is a person of clean antecedents.

5. On the other hand, learned APP for the State has opposed the prayer for bail.

6. Considering the above facts and circumstances, especially the clean antecedents and also keeping in view the period of incarceration, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Arwal in connection with Kinjar P.S.Case No. 165

Patna High Court CR. MISC. No.28986 of 2024(3) dt.19-08-2024 3/3 of 2023, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) HR/- U T