Naveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43828 of 2023 Arising Out of PS. Case No.-7 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== NAVEEN KUMAR S/O SRI RAJESHWAR RAI R/O VILLAGE- RAMPUR, KICHANI, PS. DESARI, DIST. VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 31-07-2023 1.

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

2.

It is submitted by learned counsel for the petitioner that for filing of the hard copy of supplementary affidavit necessary permission has been received and the same has been filed in the office and further permission is required to file it's copy before this Court.

3.

Permission is granted.

4.

Petitioner seeks regular bail in connection with Bidupur P.S. Case No.07 of 2023 dated 11.01.2023 registered for the offence/s punishable under Section/s 399, 402 and 414 of the Indian Penal Code and Section/s 25(1-b)a, 26 and 35 of the Arms Act.

5.

The main submissions advanced by the

Patna High Court CR. MISC. No.43828 of 2023(3) dt.31-07-2023 2/3 learned counsel for the petitioner are that in between the petitioner's family and his agnates a land dispute is running and his agnates are influential persons who made conspiracy with the police and the petitioner has been falsely roped into the alleged offence of keeping fire-arms and against the petitioner there is criminal antecedent of one case in which he has got bail and in the present matter, he has been languishing in jail since 12.01.2023. Further submission is that the recovery of the alleged fire-arms is stated to have been made in the presence of two police chowkidaars and accordingly there is no independent witness of the alleged recovery and the instant matter relates to the recovery of a loaded country-made pistol from the possession of this petitioner and against him the investigation has been completed.

6.

Learned APP appearing for the State opposes the bail prayer.

7.

Considering the above submissions and mainly the petitioner's young age and the completion of investigation against him and also the fact that the recovery of the alleged fire-arms is stated to have been made before two police chowkidaars and most of the witnesses who are to be examined in the petitioner's trial are official persons, in my

Patna High Court CR. MISC. No.43828 of 2023(3) dt.31-07-2023 3/3 opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be released on bail in connection with Bidupur P.S. Case No.07 of 2023 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) sangam/- U T