Nagendra Chaubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34325 of 2024 Arising Out of PS. Case No.-613 Year-2023 Thana- BHORE District- Gopalganj ====================================================== Nagendra Chaubey S/o- Late Ramakant Chaubey Vill- Bharatpur sohagpur Ps- Hathua Dist- Gopalganj, P/A- Mohaddipur Kunraghat Dist- Gorakhpur U.P ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey For the Opposite Party/s :

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bhore P.S. Case No. 613 of 2023 dated 17.12.2023 registered for the offences punishable under sections 379, 406 and 420 of the Indian Penal Code.

3. As per the prosecution case, the informant purchased 251 quintals of paddy which was sent by truck, driven by the petitioner. The petitioner sold its contents somewhere else and disappeared the truck and did not receive call.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.34325 of 2024(2) dt.14-05-2024 2/2 this case. There is a delay of 19 days in lodging the F.I.R. and there is no plausible explanation for the same. There was dispute between the petitioner and the informant regarding freight and the petitioner has left the work of the informant. The petitioner has two criminal antecedents and he is on bail in both cases as stated in para 3 of the bail petition. The petitioner is in custody since 20.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection with Bhore P.S. Case No. 613 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T