Nagendra Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30517 of 2024 Arising Out of PS. Case No.-78 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Nagendra Baitha S/O Late Jagarnatha Baitha R/O Village- Barwa, P.SLakhaura, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 25-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Muffasil (Lakhaura) P.S Case No. 78 of 2024 registered for the offences punishable under Sections 413 and 414 of the I.P.C.

3. As per prosecution case, one tempo and two motorcycle were recovered from the scrap shop of the petitioner which are alleged to be stolen.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is next submitted that the seized tempo and motorycles are old and

Patna High Court CR. MISC. No.30517 of 2024(2) dt.25-04-2024 2/3 damaged, which are sold by its respective owner, but the police in spite of having knowledge of this fact, started blackmailing the petitioner and extorting him and when the petitioner did not oblige, the police lodged this false case. It is further submitted that petitioner got no criminal antecedent. It is also submitted that petitioner is in judicial custody since 15.02.2024.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Muffasil (Lakhaura) P.S Case No. 78 of 2024.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a

Patna High Court CR. MISC. No.30517 of 2024(2) dt.25-04-2024 3/3 period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge. (Ramesh Chand Malviya, J) Mayank/- U T