Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31266 of 2023 Arising Out of PS. Case No.-23 Year-2023 Thana- SINGHESHWAR District- Madhepura ====================================================== Pawan Kumar son of Gajendra Prasad Yadav @ Gajendra Yadav VillageAzad Tola, Adarsh Nagar, Ward no-8, P.S. and Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Barun Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Singheshwar P.S. Case No. 23 of 2023 registered for the offence under Sections 461, 379, 511 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 28.01.2023.

The allegation against this petitioner is to make an

Patna High Court CR. MISC. No.31266 of 2023(2) dt.27-06-2023 2/3 attempt to commit theft of battery bank from mobile tower location.

Learned counsel appearing on behalf of the petitioner submitted that out of local dispute, petitioner was implicated with present case, where apparently arrest was made by private persons. It is submitted that nothing recovered/surfaced during the course of investigation from the possession of this petitioner. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as arrest of petitioner was made by private persons without having any recovery of incriminating materials, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 28.01.2023, accordingly the petitioner, above named, is directed to be released on bail in connection with Singheshwar P.S. Case No. 23 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.31266 of 2023(2) dt.27-06-2023 3/3 learned Chief Judicial Magistrate Madhepura/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Archana/- U T