Niranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25400 of 2023 Arising Out of PS. Case No.-10 Year-2023 Thana- BARH District- Patna ====================================================== NIRANJAN KUMAR SON OF LAXMAN PASWAN Resident of village - Kajichak, P.S - Barh, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-05-2023 1.

At the outset, learned counsel for the petitioner is permitted to make the necessary correction with regard to the date of judicial custody of the petitioner in paragraph No.16 of the petition.

2.

Heard learned counsel for the petitioner and learned APP for the State.

3.

Petitioner seeks regular bail in connection with Barh P.S. Case No.10 of 2023 dated 05.01.2023 registered for the offence(s) punishable under Section(s) 392 of the Indian Penal Code.

4.

The main submissions advanced by the learned counsel for the petitioner are that the petitioner is a young person and has fair and clean antecedent and has been languishing in jail since 20.01.2023 and against him the investigation has been completed and the instant matter relates to the loot of Rs.1,000/- and a mobile phone from the informant

Patna High Court CR. MISC. No.25400 of 2023(2) dt.23-05-2023 2/2 and petitioner is not named in the FIR and as per prosecution the looted mobile phone was allegedly recovered from the possession of this petitioner during investigation but the said allegation is completely false, in fact the said mobile phone was given to him by his friend Jitendra Kumar @ Baua and the said fact finds place in the order impugned also and the said recovered mobile phone was not put on Test Identification Parade and the prosecution has failed to establish regarding the said mobile phone as to being looted article from the informant. 5.

Learned APP appearing for the State opposes the bail prayer.

6.

Considering the above submissions and mainly the petitioner's young age, his fair and clean antecedent and the completion of investigation against him as well as his custody period, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail in connection with Barh P.S. Case No.10 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) sangam/- U T