Patna High CourtCR. MISC./43387/2023bail granted

Nandu Kumar v. The State Of Bihar

2023-07-24Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43387 of 2023 Arising Out of PS. Case No.-29 Year-2022 Thana- GANDHIMAIDAN District- Patna ====================================================== Nandu Kumar, Son of Om Prakash Mahto, Resident Of Village- Beithu, P.SShahkund, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-07-2023

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

2. Petitioner seeks regular bail in connection with Gandhi Maidan P.S. Case No. 29 of 2022 dated 15.01.2022 registered for the offence punishable under Section 379 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner is not named in the FIR and in the present case the petitioner was remanded from Jagdishpur P.S. Case No. 97 of 2022 and the alleged stolen vehicle was not recovered from the conscious possession of the petitioner and the petitioner has been languishing in jail since 12.01.2023. Further submission is that against the petitioner investigation has been completed.

Patna High Court CR. MISC. No.43387 of 2023(2) dt.24-07-2023 2/2

4. Learned APP appearing for the State opposes the bail prayer.

5. Having regard to the facts and circumstances of this case and considering the above submissions and also the facts that the alleged offence of the FIR is triable by the 1st Class Magistrate and against the petitioner, investigation has been completed and the alleged stolen vehicle has been recovered, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Gandhi Maidan P.S. Case No. 29 of 2022 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) Rajiv/- U T