Nawlesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37607 of 2025 Arising Out of PS. Case No.-200 Year-2024 Thana- DUMARIAGHAT District- East Champaran ====================================================== Nawlesh Kumar S/O Bhot Yadav @ Umashankar Yadav Resident of VillageShankar Saraiya, PS- Turkauliya, District- East Champaran, Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Karandeep Kumar, Advocate For the Opposite Party/s :
Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Dumariyaghat P.S. Case No. 200 of 2024 instituted for the offences under Sections 331(4), 305(a), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that co-accused Lal Sahab along with 2-3 other unknown persons committed theft in the rice mill of the informant and took away fan, scale and Rs. 40,000/- in cash.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner
Patna High Court CR. MISC. No.37607 of 2025(2) dt.23-06-2025 2/3 transpired in this case on the basis of confessional statement of the co-accused Lal Sahab Pathak who has already been granted bail by this Court vide order dated 12.02.2025 passed in Cr. Misc. No. 4927 of 2025. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that T.I.P. has not been conducted till date. Learned counsel further submitted that petitioner has got no concern with the theft articles. Chargesheet has been submitted in this case. Learned counsel further submitted that the matter has been compromised between the parties and the informant is not willing to proceed with the matter. It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.02.2025 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.37607 of 2025(2) dt.23-06-2025 3/3 below/concerned Court in connection with Dumariyaghat P.S. Case No. 200 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T