Naveen Kumar @ Navin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31081 of 2021 Arising Out of PS. Case No.-91 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== ANAND KUMAR @ GAJJU Son of Amar Singh Village - Rampur Asli, P.S. - Sahebganj, District - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 50457 of 2021 Arising Out of PS. Case No.-91 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== NAVEEN KUMAR @ NAVIN KUMAR S/O RAM ISHWAR PANDIT R/o village- Situahi, P.S.- Sahebganj, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 31081 of 2021) For the Petitioner/s :
Mr.Yashraj Bardhan For the Opposite Party/s :
Mr. Nawal Kishore Prasad (In CRIMINAL MISCELLANEOUS No. 50457 of 2021) For the Petitioner/s :
Mr.Shashi Bhushan Singh For the Opposite Party/s :
Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-03-2022 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State, in both the cases. The petitioners seek regular bail in connection with Minapur Police Station Case No. 91 of 2020, registered for the offences punishable under Section 392 of the Indian Penal Code.
Patna High Court CR. MISC. No.31081 of 2021(4) dt.08-03-2022 2/3 The prosecution case, as per the First Information Report, is that three unknown miscreants looted a sum of Rs. 33,415/- from the informant, who is the proprietor of the Reliance Petrol Pump, Panapur on the point of gun. Learned Counsel for the petitioners submit that the petitioners have not committed any offence in the manner alleged and they have falsely been implicated in this case on the basis of their confessional statements recorded by the police in Baruraj Police Station Case No. 93 of 2020 and based upon their confessional statements, they have been made accused in four other criminal cases.
They further submit that no incriminating material and/or looted article has been recovered from the possession of the petitioners and they have also not been put on Test Identification Parade and except confessional statements, no material has come against them in course of investigation. They further submit that both the petitioners are in custody since 01.12.2020 and charge sheet has been submitted against them and as such, there is no likelihood of the petitioners being abscond or tamper with the evidence.
Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that except
Patna High Court CR. MISC. No.31081 of 2021(4) dt.08-03-2022 3/3 confessional statement there is no other material to connect the petitioners with the alleged offence, they have not been put on Test Identification Parade, they are in custody since 01.12.2020 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioners.
This application is, accordingly, allowed.
Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, East, Muzaffarpur, in connection with Minapur Police Station Case No. 91 of 2020, subject to the condition that the petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as and when directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the learned Court below itself. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √